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Utility Rates:
Water, Power, Sewer, Garbage Rates   Summary of Rate Schedules - St. George, Utah, Municipal Power and Light System Effective July 1, 2019. Residential Service This rate schedule applies to all residential electric service used for domestic purposes on the premises of any individual private residence, apartment, or dwelling and measured by a single meter at approximately 110 or 240 volts, 60 cycles. The common areas of residential developments will be considered residential service if the owners of the common area are exclusive users and if the total connected load for the common area does not exceed 30 kW. Rates Per Meter Per Month Customer Charge $16.65 0-800 kWh, per kWh $0.075053 > 800 kWh, per kWh .08132 Small General ServiceThis schedule is for single or three-phase non-residential service supplied at the Department's available voltage through a single meter for all service required on the Customer's premises with a power requirement that is not greater than 50kW or 10,000 Kwh during any one (1) month of the prior twelve (12) month period. Customers subject to this rate schedule who fail to qualify under the above condition shall be classified as Large General Service regardless of the period of time during which they qualified under this Schedule. Customers otherwise subject to this rate who fail to qualify under the above conditions shall remain on the Large General Service schedule until the next regular review of accounts is completed. Rates Per Meter Per Month Customer Charge $13.55 Energy Charge:   0-1,500 kWh, per kWh $0.083995 Next 8,500 kWh, per kWh $0.091592 Over 10,000 kWh, per kWh $0.106037 Demand Charge:   0-10 kW, per kW $0.00 (See note) Over 10 kW, per kW $9.70 NOTE: If an external commercial and or temporary construction use is not gong to exceed 5 kW in demand, the City will not require a demand meter be placed. This exception is only for services that serve signs, lighting , irrigation timers and miscellaneous outdoor needs and will be approved by Water & Power Engineering Power Factor Adjustment: If the customer power factor is found to be less than 95 percent, the customer will be penalized 1 percent of the overall billing for each 1 percent below the 95 percent power factor. Large General ServiceThis schedule is for single or three-phase non-residential service supplied at the Department's available voltage through a single meter for all service required on the Customer's premises by Customers with a power requirement of greater than 50 kW or 10,000 Kwh during any one (1) month of the prior twelve (12) month period. It is also applicable to any customer who fails to qualify for Small General Service until the next regular review of accounts is completed. Rates Per Meter Per Month Customer Charge $70.68 Energy Charge:   0-10,000 kWh, per kWh $0.061311 Over 10,000 kWh, per kWh $0.046224 Demand Charge:   0-5 kW, per kW $0.00 Over 5 kW, per kW $13.47 Character of service: Alternating current; 60 cycles; single phase 120/240 volts; three-phase 120/208 volts, and other voltages upon permission of the City as specified in service policies and regulations. Power Factor Adjustment: If the customer power factor is found to be less than 95 percent, the customer will be penalized 1 percent of the overall billing for each 1 percent below the 95 percent power factor. Agricultural ServiceThis schedule is for three-phase non-residential service to water pumps that supply water to agricultural projects. Rates Per Meter Per Month Customer Charge $13.55 Energy Charge:   0-1,500 kWh, per kWh $0.08995 Next 8,500 kWh, per kWh $0.091592 Over 10,000 kWh, per kWh $0.106037 Other ServiceTemporary Service: Temporary power will be charge at the Small General Service Rate. Service Outside Ci...


Net Metering Information:
... Website Net Metering Basics Customers on the City of St. George power system are eligible to participate in the City’s Net Metering program.  This program allows a customer to install solar photovoltaic (PV) systems on their home or business and generate energy to power their home or business.        However it's important to understand how the net metering program works before you sign a purchase agreement.  Contact the Energy Services Department to review how the program works and/or review the program documents at the bottom of the page.   The City adopted a Net Metering Program in 2005 and revised the program in 2015.  The 2015 revisions included implementation of the following fees.    One Time Fees: Application Fee Bi-directional Meter Fee   Monthly Solar Reliability Fee Based on the kWh produced by the system   The “RESOURCES” section below contains the documents related to the Net Metering Program.   Net Metering Program – this document explains the program and the requirements customers have to meet to participate.  This is an informational document.   Net Metering Application – this is the document that must be filled out and submitted to the Energy Services Department to start the process. This document contains some technical information requests.  The customer or a third party may complete this document.   Net Metering Agreement – this document is an agreement with the customer and the city regarding the responsibilities of each party with regard to the solar PV system operation.  This document requires a customer’s notarized signature.   Net Metering Appendix – this document details the fees related to the program and the calculation of the monthly solar reliability charge and the annual buy back of any excess energy the customer generated.  This is an informational document.      Common questions related to the Net Metering Program   If you are considering installing solar PV on your home or business, there are several questions to ask in order to make an informed decision.    What is roof top solar?   Roof top solar typically refers to solar Photovoltaic (PV) system installed on a roof which generates energy from the sun to power a person’s home or business.   What terms do I need to understand about solar PV systems?   Behind the customer meter: The system is located so that any generated electricity flows first the customer, if the customer needs more energy than the solar PV is generating, St. George delivers the energy to you from the electrical grid.  For example, if your home uses 100 kWh a day and your system produces 80 kWh per day, you will receive 20 kWh a day from the electrical grid.   kW: Kilowatt – is equal to 1,000 watts.  A solar PV system capacity is measured in kW.  For example a 3 kW system would have the ability to produce 3 kW of demand (which is the maximum of energy output at a moment in time).    kWh – kilowatt hour – is a measurement of energy, it is a kW multiplied by the time in hours.  For instance 2 kW for 1 hour is 2 kWh. Customers are billed based on how many kWh consumed in a billing cycle.   For example if you have a 3 kW system (shown above) and it generated 3 kW for 1 hour, it would produce 3 kWh of energy. It is estimated that a 3 kW system in St. George has the potential of generating 5,193 kWh in a 12 month period. The energy produced would go first to your home and then if any more energy is needed, St. George would deliver energy to you from the electrical grid.   How much will a solar PV system cost?  Solar PV system costs can vary depending on many factors such as the size or capacity of the system.  Some questions to ask may be:   How large of a system do I need?   This question addresses what is termed “name plate capacity” of a solar PV system and is expressed in kilowatts (kW).  The capacity of the system will tell you how much energy the system will generate.  For example a 3 kW system is expected to generate 5,193 kWh in a year.   PV Watts Calculator is a website that can provide an estimate of how many kWh’s you will save based on the system size.  The website is http://pvwatts.nrel.gov/    How can I find my utility information?   Contact the St. George City at 435-627-4095 to request a copy of your energy use history.   Will the system be installed on the roof of my home, roof of an unattached garage or on the ground?   That is a question for your installer to answer.  You should check with the City Building Department to determine the requirements.  435-627-4000   Will the system include a battery bank to provide back-up power in the event of a utility power disruption?   That is a question for your installer to an...


City Council Minutes 02/07/2002:
...OF BID: Consider award of bid for the purchase of transformers for the Power Department. City Manager Gary Esplin presented three bids received: Western States $39,391 (With load losses) $315,225.28 Northen Power $39,396 (With load losses) $314,690.86 Royal dba CED $38,340 (With load losses) $320,124.84 He commented that after evaluation of load losses, it is recommended the bid be awarded to the low bidder, Northern Power. Deputy Water and Power Director Phil Solomon advised approval is requested for the amount of purchase only - $39,396. A motion was made by Council Member Orton and seconded by Council Member Allen to award the bid to Northern Power in the amount of $39,396. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. FIRE DEPARTMENT ORDINANCE: Consider approval of an ordinance replacing Sections 3-1-1, St. George City Code, relating to the St. George Fire Department. City Manager Gary Esplin explained that as a result of the codification process, this ordinance is being recommended for approval. City Attorney Jonathan Wright explained the last time the City codified its ordinances was in 1962, and codification consists of compiling the City's ordinances in book form. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. St. George City Council Minutes February 7, 2002 Page Three EMPLOYMENT AGENCY ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 1, Section 21, St. George City Code, to prescribe special business license requirements for employment agencies. Council Member Whatcott commented that employment agencies may have thousands of employees, yet the business license application fee is capped at $350 and therefore many employees are not covered under this fee. He inquired if this had been taken into consideration. City Manager Gary Esplin commented that the matter could be researched and brought back for consideration by the City Council in an amendment form. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the ordinance as presented, with staff presenting an amendment at a later date to cover the matter raised by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. FIRE CODE ORDINANCE: Consider approval of an ordinance adopting the 2000 Edition of the International Fire Code. City Manager Gary Esplin explained that every three years the City must update its building and fire code ordinances to comply with State law. In the past the City has adopted the State codes for consistency. City Attorney Jonathan Wright explained that while the codes are mandated by the state, local discretion is given in some things. Council Member Gardner expressed concern that there be opportunity for the City to tailor the codes to fit the local community, and the Chief Building Official should have discretion to decide what does and does not apply to our City. He made a motion to approve the ordinance as presented. City Manager Gary Esplin explained that the City Council must decide what fee schedule to adopt for building permits. The City currently uses the 1991 UBC schedule. The permit fee covers the City's cost of the inspection program, enforcing standards, etc. and the City has always tried to keep its fees down, but it has been ten years since the schedule was changed. He recommended the 1994 UBC building permit fee schedule be used. Council Member Whatcott inquired if Finance Director Phil Peterson had done an analysis to see where the City is at with regard to expenditures vs. collections. Mr. Peterson replied that the City takes in $750,000 a year, more than the cost of the department, excluding the planning commission, engineering, and staff time. However, he could make a further analysis and report back to the Council at a later date. Council Member Orton inquired that if other communities were adopting the 1997 UBC schedule, why didn't the City of St. George do so. City Manager Gary Esplin responded that the City does not want to have a surplus, but wants to charge only enough to cover its costs. Building permit fees can only be used to cover costs of inspections, etc. St. George City Council Minutes February 7, 2002 Page Four A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the fire code ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. INTERNATIONAL RESIDENTIAL CODE ORDINANCE: Consider approval of an ordinance adopting the 2000 Edition of the International Residential Code. A motion was made by Council Member Allen and seconded by Council Member Gardner to adopt the ordinance as presented under the City's present fee schedule. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. INTERNATIONAL PLUMBING CODE ORDINANCE: Consider approval of an ordinance adopting the 2000 Edition of the International Plumbing Code. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. INTERNATIONAL MECHANICAL CODE ORDINANCE: Consider approval of an ordinance adopting the 2000 Edition of the International Mechanical Code. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. INTERNATIONAL FUEL GAS CODE ORDINANCE: Consider approval of an ordinance adopting the 2000 Edition of the International Fuel Gas Code. St. George City Council Minutes February 7, 2002 Page Five A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. INTERNATIONAL BUILDING CODE ORDINANCE: Consider approval of an ordinance adopting the 2000 Edition of the International Building Code. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. INTERLOCAL AGREEMENT RESOLUTION: Consider approval of a resolution approving an interlocal agreement between the St. George Housing Authority and Washington County. City Manager Gary Esplin advised the City Council previously approved this agreement, but it should have been done by resolution. This is merely a housekeeping item. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the resolution as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 22, 2002, recommended approval of the preliminary plat for Silver Creek Phase IV. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the preliminary plat. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes February 7, 2002 Page Six PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 22, 2002, recommended approval of the preliminary plat for Cox Landing Phase II. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the preliminary plat. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT APPROVAL: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 22, 2002, recommended approval of the preliminary plat for The Springs Estates Phase II. This area is part of the defined water pressure study area. The Planning Commission reminded the applicant that the plat is moving forward with the understanding that if the water pressure issue is not resolved in the estimated time frame, the project may be on hold until further resolution. A motion was made by Council Member Orton to approve the plat. City Manager Gary Esplin advised that the City has a signed agreement with State Trust Lands for the water tank site, approval from Dixie REA for location of the pump station, and the City is in possession of the tank and is ready to proceed with the project. Council Member Gardner commented that the Water and Power Board estimates the tank project will be finished by mid-June. Council Member Orton's motion for approval was seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 22, 2002, recommended approval of the final plat for North Bloomington Commercial Center. This is the Wal-Mart site. Development of the remaining lots will require an amendment to the PD Commercial Zone for site plan and building elevation review and approval in a public hearing. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. St. George City Council Minutes February 7, 2002 Page Seven LOT SPLIT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 22, 2002, recommended approval of a lot split adjacent to the Foremaster Ridge Subdivision located on Foremaster Drive subject to site distance approval for accesses. This four acre parcel will be split from the Foremaster land for a future church site. This is the replacement site to the parcel the LDS Church owned where the new IHC hospital will be located. The area to the south and west of the site will be future residential development. A conditional use will be required for the use. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the lot split subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a new senior citizens center to be built behind the existing building at 245 North 200 West. Randy Smith, agent. Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held January 22, 2002, recommended approval. The existing building will be replaced with the new proposed building. The Planning Commission felt 115 parking spaces were adequate for the use along with a shared parking agreement with the Catholic Church and bus service. Randy Smith, architect for the project, advised that construction will be completed by March, 2003. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the conditional use permit. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a garage height increase at 306 South Main to match the pitch of the historical home at 306 South Main. Bruce Jones, agent. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held January 22, 2002, recommended approval. The garage height will be increased to 19 feet in order to match the pitch of the historic home. Council Member Allen declared a conflict of interest as her husband is doing the electrical work on the garage. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the conditional use permit. Mayor McArthur called for a vote, as follows: St. George City Council Minutes February 7, 2002 Page Eight Council Member Orton - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Allen did not vote. The motion carried. LICENSE AGREEMENT FOR UPGRADE TO UTILITY BILLING SYSTEM: Consider approval of a license agreement for an upgrade to the City utility billing module with Eden Systems. City Manager Gary Esplin advised that Eden Systems in very busy and approval of this agreement will allow the City to be calendared into their schedule. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the license agreement. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. CONTRACT MODIFICATION: Consider approval of a contract modification with Rosenberg Engineers for the Ft. Pearce remediation project. City Manager Gary Esplin explained there have been significant changes from the original design, as well as volunteer efforts on the project. The original design and concept has changed, and the recommendation from the Engineering Department is to approve the contract modification for additional work. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the contract modification. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. CONSTRUCTION ENGINEERING CONTRACT: Consider approval of a construction engineering contract with Sear Brown for the Man O War Bridge project. Project Engineer Roger Bundy explained that the bids for the construction portion of the project were favorable. Mr. Bundy explained that Sear Brown was selected for engineering services because they did the original design for the project and it makes sense for them to follow through with the project. The project is expected to begin within six weeks and should be completed by the first of June. Landscaping and replanting will take place in October and will be finished by the end of the year, but this is totally separate from the bid. A motion was made by Council Member Orton to approve the City's portion of this contract with Sear Brown in an amount not to exceed $126,297. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows: St. George City Council Minutes February 7, 2002 Page Nine Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. UPDATE ON RIVER ROAD PROJECT: Council Member Isom requested an update on the River Road project. Jerry Amundsen from Sear Brown advised that paving of the east side of the north end of the project will begin tomorrow. Two more layers will be installed when temperatures allow. LEASE AT AIRPORT: Consider approval of a lease agreement with the FAA for space at the St. George Municipal Airport. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the lease. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Isom - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND GENERAL PLAN LAND USE MAP/ORDINANCE: Public hearing to consider a request for approval of an amendment to the General Plan Land Use Map to designate the area bounded by Mall Drive/Riverside Drive/1990 East Street from medium density residential to high density residential. Basic Investment, Inc., applicant. Community Development Director Bob Nicholson explained that the Planning Commission recommended approval. The site consists of 12 acres. The General Plan shows most of the property as medium density, five to nine dwelling units per acre, and the property is zoned R-2. The applicant would like to build apartments, but an apartment complex will not meet current zoning. The Planning Commission feels the site is suitable for higher density apartments. The applicants intend to come back with a request for PD zoning or something else to pursue this project. Darcy Stewart advised he represented the owners, and it is their intent to build a Class A apartment complex with a nice amenity package, including a clubhouse, pool, small movie theater, car wash area, etc. The project will be heavily landscaped around the perimeter and will be patterned after complexes in Las Vegas and Phoenix. Mr. Stewart explained that part of the problem with the property is the cost of improving two major arterial. Therefore, there needs to be a density increase to help make up the cost of doing that. A single family or duplex project would be difficult or impossible to make work from a financial standpoint. Mayor McArthur opened the public hearing. There being no public comment, Mayor McArthur closed the public hearing. A motion was made by Council Member Allen and seconded by Council Member Isom to approve the amendment to the General Plan Land Use Map as requested. Mayor McArthur called for a vote, as follows: St. George City Council Minutes February 7, 2002 Page Ten Council Member Allen - aye Council Member Isom - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/WATER AND POWER RATE SCHEDULE/RESOLUTION: Public hearing to consider proposed adjustments to the water and power rate schedules for the City of St. George. Mayor McArthur advised that the City has put off a rate increase as long as possible and has not had one since the early 90's. The City will lose all of its reserve if an adjustment is not made now. City Manager Gary Esplin explained that the City's resource pool is being depleted as the City's growth rate continues at 6% per year. To accommodate the City's capital improvement program for the next ten years, an increase in water rates is necessitated. The last power rate increase was in 1991 and it is now also necessary to consider a rate increase. The Water and Power Board recommends approval. Water and Power Director Wayne McArthur then made a power point presentation on the proposed water rate adjustment and reviewed proposed improvements. He recommended that a 15% general water rate increase be implemented February 15, 2002 on all classes of customers. Mayor McArthur explained that impact fees are a one time payment to buy into the system and help pay for infrastructure. There are only certain things impact fees can be used for, and rates are what pay for usage and running the system. Council Member Whatcott commented that both the Kemp and Alpha studies recommended yearly cost of living adjustments to the rates and impact fees. Mr. McArthur suggested that a cash flow model be set up to look at needs over the next five years and adjustments be made accordingly every year. Council Member Orton stated it was important to note what the City is trying to accomplish, and that is to build a minimum reserve. Mr. McArthur stated the City should have $1,250,000 in its reserve in the Water Department, with the goal being to maintain the reserve, not build it. Council Member Gardner commented that the intent of the Water and Power Board, and its recommendation, has not been to make money, but simply not to go broke and provide the best service it can at a minimum cost. Council Member Isom commented the City is also encouraging conservation, but if conservation is not being done voluntarily, the City should mandate it. Council Member Allen suggested that through the licensing process for landscapers and those who perform landscape maintenance, standards be put in place for them to follow, as education is the key to conservation. Mr. McArthur advised that six months ago a committee was formed to draft landscaping standards. A green conference is also being held in St. George to educate landscapers and others. City Manager Gary Esplin commented that if the City continues to grow at 6%, resources must be identified. The other alternative is not to grow, but growth affects the overall economy and is the driving force of what makes St. George great. The City cannot meet the current growth rate without locating new resources. One answer is to try and reduce the amount used during the St. George City Council Minutes February 7, 2002 Page Eleven summer through conservation, but there was no voluntary conservation last year. Mr. McArthur advised that Tucson and Phoenix use 150-200 gallons per capita per day, whereas St. George uses 350 gallons per capita per day. Even with the proposed increase, St. George's water rates will be much less than theirs, and will be competitive within Washington County and the State of Utah. City Manager Gary Esplin reminded that the golf courses are watered with irrigation quality water, and not culinary water. Mr. McArthur stated that homes in Tucson and Phoenix do not have lawns, and this makes a lot of difference. Mr. Esplin advised that the City's Demonstration Garden will show how xeriscaping can make a yard green and attractive without consumption of a lot of water. Water and Power Director Wayne McArthur then made a power point presentation on the power rate adjustment. Load duration and use patterns were also reviewed. Council Member Gardner advised that the Water and Power Board has wrestled with this issue and has tried to solve it from every angle. The Water and Power Department has been active trying to maximize City dollars for power purchases on a hourly basis, but the government stepped in and capped wholesale power rates and this has cost UAMPS $40,000,000. Additionally, St. George is not the only City hurting. Logan has already used all its reserves and is using General Fund dollars to help pay its power bill. He advised that two years ago the City had $15,000,000 in its reserves, but is now down to $4,000,000-$5,000,000. The City does not want to raise rates, but if it did not it would be bankrupt and lose its bonding ability as a City and its fiscal responsibility. He expressed hope that the public would understand the dilemma the City was in and how difficult it has been to deal with. Council Member Orton reminded that the City's goal is not to make money or build a large reserve, but to cover its power costs and maintain a certain level of service. Water and Power Director advised that $4,000,000 to $5,000,000 was needed as a reserve in the Power Fund, and that is where the City is currently at. City Manager Gary Esplin advised the City's cost is 5.6? per kW to purchase power only, then it has be distributed and lines and substations maintained. Mr. McArthur presented a graph depicting the cost and revenue per kW from 1991 to 2001. He advised that the Water and Power Board recommends a 40% increase in power rates across the board to all classes of customers effective February 15. He then presented a graph of rate comparisons for cities in Utah. Mayor McArthur stated that some speculate that power costs will come down, and if they do, rates can be adjusted to reflect the decrease. Water and Power Board Chairman Ross Hurst explained that the vote of the Water and Power Board to raise power rates 40% was not unanimous as he wanted to raise rates 45%. He advised that even with a 40% increase, only $900,000 would be added to the reserve over the next three years, and this is not sufficient to meet bonding requirements. The difference in raising rates 40% to 45% makes the difference of being at the bottom line or raising the reserve to where it is barely respectable. He explained that the City has not responded often enough in the past to market conditions, and it needs to adjust to the market more often due to the complicated nature of the business. He asked if anyone felt they could buy power for 6? and sell it for 4? and make money, to please show him how this can be done. St. George City Council Minutes February 7, 2002 Page Twelve Council Member Whatcott commented that every member of the City Council pays for power, and in addition has a business for which they also have to pay. They are getting a double whammy as business owners, but the bottom line is the City cannot buy power for 6? and sell it for 4?. Council Member Gardner thanked Chairman Ross Hurst and members of the Water and Power Board for their hard work. He stated theirs was not an easy task, but it was easy to sit on the sidelines and cast stones. Mayor McArthur commented that while a 40% increase sounded like a lot, the City is trying to be conservative and is trying to sell its power for the lowest price it can. He then opened the public hearing. He commented that a public hearing on an increase in impact fees will be heard at a later date. Gil Nicola, a resident of the Santa Fe Planned Unit Development, stated he understood the argument that impact fees impact the total amount of money in small ways, but if the Kemp Burdick study was based on wrong assumptions, then the conclusions were also wrong. The study says that existing water and power users contribute to increasing demands, but this is rationale advanced to justify forcing existing homeowners to subsidize new growth. The Association of Planned Unit Developments and Condominiums thinks this is an incredible argument as almost all PUD residents are retired and do not have families. The study also cites additional electrical appliances, but once a unit is purchased in a PUD, all appliances are in. The study also cites additional landscaping, but this is not allowed in a PUD. With rare exception landscaping water has been converted to drip systems and water usage has been reduced by at least 20%. The study cites expansion and remodeling as a factor, but this also is not allowed in a PUD and is prohibited by the CC&Rs. He commented that growth should pay for itself and should happen at a natural rate. Sustaining growth by subsidizing impact fees creates artificial growth and this accelerated growth strains infrastructure which has not been able to keep up. Ratepayers were assessed a surcharge last year as the infrastructure was behind the curve, and the City scrambled for money. The response to meet this crisis was more costly than it should have been. The cost of a new home is very little more than a comparable existing home, and impact fees have not been raised since 1995 and should have been increased by 15%. There are over 1200 homes currently on the market, not including those for sale by their owners, and many in PUDs cannot be sold for what was paid for them in 1995. Virginia Bacaloon, a resident of an adult community on Dixie Downs Drive, expressed concern that the City was charging customers to read the meter. She commented that several people in the park would be glad to read meters, and other cities do not charge a customer charge. She expressed concern that the sewer charge was the same for a single person as a family, and charging the same fee per household was not fair. She explained that a power rate increase would be difficult to manage on a fixed income. She expressed concern that the City Council made its own rules. Council Member Gardner replied that Logan City, Hurricane City, Payson City, and others charge a customer charge. Paul Carter, a resident of the Crystal Lakes PUD, suggested that water features in projects be eliminated and landscape personnel be licensed and learn about water conservation. He suggested a moratorium on construction take place until some of the water and power problems could be worked out, as water and power rates are driven by growth. He stated the rate increase would affect retired people on fixed incomes and he inquired if the City had a plan for those who would not be able to pay their bills. John Wells, as resident of Sports Village, stated when he was in business he had 1,300 employees and he did not pay them to try, he paid for results. He disputed Council Member Whatcott's statement that businesses suffered when rates went up, as businesses pass on the increase to their customers, and the customers end up paying for that increase too. He stated that City Manager St. George City Council Minutes February 7, 2002 Page Thirteen Gary Esplin and Water and Power Director Wayne McArthur know that homeowner associations are paying 20% more for water than others, and they agreed to do something about it, but he has not heard what that would be. He stated that if impact fees had been increased every year in accordance with other rates, this would have made a difference in how much rates would need to be raised now. He inquired what the difference would have been if growth was 3% rather than 7.5%. He also inquired where the non-culinary water used on golf courses came from, and if it could be converted to culinary use. He stated that current residents are paying for growth and those creating it should pay for it. Mayor McArthur replied that irrigation water may come from wells or rivers, and the cost of treating this water with high salinity would be higher in cost than the water the City has a chance to purchase out of the new reservoir. Some of this water even contains arsenic, and the City must abide by federal regulations in providing water. He agreed that valid points had been made about the size of meters in PUDs, and advised that the City will come up with some type of solution to this problem in the future. In response to jeers and rude comments from the audience, Council Member Orton remarked that some of the comments made were out of line and inappropriate. He advised that not one person on the City Council is benefitting from the rate increase and the City could not be blamed because national power rates had gone up. Gerald Story, a resident of a PUD, inquired if there were recognition that PUD homeowners pay more per gallon of water than individuals homeowners pay. City Manager Gary Esplin replied the City recognized there needed to be an adjustment in rates in PUDs and this will be addressed at some point in the future. However, the rate increase is needed now to cover the City's water usage for the next five years. Mr. Story inquired if there would be further discussion of this issue and a modification made before the water rate increase takes effect. Mayor McArthur replied the rate increase would take place first. Mr. Story inquired when the issue would be discussed. Mr. Esplin replied the issue would be addressed within the next several months. Mr. Story inquired if funds were generated by utility rates for capital expenditures. Mr. Esplin replied that impact fees in the Power Department cover the cost of local capital. The rate payer is covering the need to obtain new power resources. Mr. Story inquired if utility rates were also used to pay capital expenditures. Mr. Esplin replied that they are, and the 15% water increase would cover the cost of building a new pipeline from Quail Creek to St. George, and will be used to drill new wells and cover the cost of bonding to do improvements. Mr. Story recommended that the City Council table action on the rate increase until action is also taken on the impact fee increase. Mr. Esplin replied that even if the City were to raise impact fees to the maximum allowed, this still would not raise enough money to do the projects currently planned, and in any event would only save 3% of the 40% proposed power increase. St. George City Council Minutes February 7, 2002 Page Fourteen Council Member Orton advised that any delay in the rate increase would deplete the rest of the City's reserve. Tyler Nelson commented that her home which she bought in 1995 can almost be sold now for its original price. She stated she felt existing homeowners were being run out of the marketplace, and that homes in PUDs are selling for exactly what they were seven years ago. She stated she disagreed with Council Member Gardner's comment that everyone is profiting from growth, and that impact fees should be tied to rates, and if impact fees had been raised steadily in the past, a large rate increase would not now be needed. City Manager Gary Esplin replied that the City must follow State law in its process to raise impact fees, and there are specific notice and advertising requirements which must be followed. The City will follow these guidelines, but in any event impact fees cannot be used for anything other than capital. They cannot be used for operating costs or to buy power, and they cannot be added to the reserve. Ms. Nelson inquired if impact fees were supposed to pay for growth. Mr. Esplin replied that impact fees could never pay for the total cost of growth, as the State has limited what can be charged, and even if the City charged 100% of the maximum allowed, it would still not pay for all that is needed. Ms. Nelson stated that the retired community on fixed incomes does not profit from growth, and not only do they pay for it in increased rates, but then pay again when they cannot sell their homes. Ben Morewear questioned whether the increase in rates is due to the cost of the product or a catch-up for lack of a rate increase in previous years, or a combination of both. Mr. Esplin replied the increase is due to the cost of purchasing power. James Francis, a resident of a townhome project, commented that people who live in PUDs cost the City less, as 15-60 homes are put on one meter and the City has only to send one bill. Mr. Esplin replied that the costs charged are for more than simply reading the meter. On the other hand, PUDs pay less when they hook onto the City's system, and the impact fee is based on those fewer connections. Mayor McArthur commented that the impact fee was paid by the developer, however, rather than homeowner. Jerry Campbell, a resident of Vista Del Sol, suggested that impact fees be raised to 100% of the maximum amount allowable to help defray costs. He stated that growth should pay for itself. City Manager Gary Esplin replied that the City must justify whatever ir charges. The City is currently evaluating studies to charge a fee that it can defend. Mr. Campbell commented that the AOPC can provide names of retired ratepayers and they should be given a 10% cut across the board. Max Gardner, a resident of the Bloomington Country Club Townhomes, praised the City Council for their hard work, but stated he did not think the across-the-board increase was fair. He suggested that 15% water rate increase be implemented for one year and during that time it be re-evaluated. He stated the idea of a construction moratorium had merit. He stated that the increased cost of water would encourage conservation. Council Member Orton assured Mr. Gardner that the City Council will evaluate rates each year. St. George City Council Minutes February 7, 2002 Page Fifteen Bob Sexton, a resident of a Planned Unit Development, commented that while many homeowners are delinquent in their utility payments, the same cannot be said of PUD accounts, as they are paid on time. Additionally, the City's responsibility for the water line ends at the curb in PUDs. Most PUDs are adult communities without children, and they should not be paying 20% more for water. Floyd Sucker inquired if the City had a policy about installation of solar panels. Mayor McArthur replied that the City did not at this time. David Jones, a resident of Meadow Creek, commented there was a lot of run-off from lawns which could be solved by putting in a loamy, sandy soil. Rob Woodgate requested clarification of the transfer of West City Springs irrigation water into the culinary system. City Manager Gary Esplin replied that West City Springs users were given the option of selling their share(s) to the City, or given a credit on their culinary water bill. He explained that the West City Springs is culinary-quality water and will be used in the culinary system. The rest of the City's irrigation systems are not culinary-quality water and would not be cost effective as a source of culinary water. Mr. Woodgate inquired where the water came from to water the Dixie Red Hills Golf Course. Mr. Esplin replied this golf course was watered with Virgin River water. Mayor McArthur commented that 70% of the irrigation water in the ditches is wasted. Mr. Woodgate inquired if the City had retained rights in the Central Utah Project for use of water from Lake Powell. Mr. Esplin replied that the City has retained those rights, and this is a long term source of water which is being explored. Elaine Pilkington inquired when the contract for the most expensive power purchase would expire. Deputy Water and Power Director Phil Solomon replied the most expensive contract is for power at 7.5? per kW and it expires in March, 2003. Ms. Pilkington then inquired what the City's cost was to produce its own power. Mr. Esplin replied it cost the City 4.5? to 5? to produce its own power, which it could then sell for 2?. Ms. Pilkington stated that PUDs would appreciate the City adjusting their 20% overcharge for water. She inquired if there were any plans for sprinkler system standards and inspections. Mayor McArthur replied the matter is being discussed. Gil Nicola commented that because members of the AOPC are aggressive in pursuing their economic interests, the City has come to regard them as antagonistic and shouldn't. He expressed concern that the City has made no immediate response to the AOPC's claim they have been paying 20% more for water, as the City did to the low pressure problem in the Little Valley area. He requested that they be treated fairly. St. George City Council Minutes February 7, 2002 Page Sixteen City Manager Gary Esplin responded the reason for the rapid response to the low pressure problem was because of a life safety issue as there was not enough water to fight a fire from 5:00 a.m. to 9:00 a.m. Richard Silver commented that any lawn installation should be done properly. Bindy Boylin commented that she purchased an all-electric home because the City's rates were so low. She expressed concern about the water increase, and urged conservation. She stated a 15% water increase across the board was not fair. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Gardner suggested the PUD situation be looked at more intently, but it was abundantly clear that the City has reached the point that it could not delay moving forward with the rate increase. If the City then finds alternative solutions and makes some money, rates can be decreased. If the City did not do something proactive at this time, it would be irresponsible. He then made a motion to approve a 40% increase in power rates by resolution, with impact fees to be determined at later date. The motion was seconded by Council Member Orton. It was clarified that residential power rates would be raised to 6.1? per kW. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. City Manager Gary Esplin commented that the City Council could, if it desired, consider water rates as part of the impact fee public hearing at a future date, as the City was not selling very much water at this time of the year. However, it would be critical to have the water rate increase in place by March 1. Mayor McArthur inquired if there were any way to reduce the water rates in PUDs by 20% now. City Manager Gary Esplin replied that it could not be done now, as many issues remained to be solved. Staff is not prepared to make a recommendation on the method used to do this at this time. An unidentified woman in the audience commented that the meter should simply be divided by the number of units. Deputy Water and Power Director Phil Solomon remarked there could be inequity issues with th...


City Council Minutes 06/20/2002:
...doption of the City of St. George impact fee schedule. Water and Power Director Wayne McArthur distributed discussion guidelines. With regard to water, he recommended impact fees in an amount up to 75% of the maximum allowed, from $1,600 ERU to $2,250 for a 3/4" meter or ERU. The maximum allowable by law was established as a compromise between the Alpha Study and Kemp Study. 80% of the maximum allowable would be $2,400, 85% would be $2,550, 90% would be $2,700, and 100% would be $3,000. Comparisons with impact fees charged by Hurricane, Ivins, Santa Clara and Washington puts the City below all of these cities, and well below some of them. With regard to power impact fees, the proposed rate increase is based on a three year pro forma cash flow analysis and an increase to $2,265 for a 200 amp panel is recommended, up from $1,500. However, the City is considering entering into a long term contract for power with one supplier, and if this works out, it might affect the proposed power impact fee. Council Member Gardner inquired if it would be best to hold off on any increase to the power impact fees until it is determined whether or not the City will enter into a long term contract for power. Mr. McArthur replied that there were still too many unknowns, and recommended that the City Council consider the impact fee increase now, and if the agreement is entered into, the impact fees can be reviewed at that time. He advised that the Power Department was losing $200,000 to $300,000 per month, and the impact fee increase is needed now for revenue. Mayor McArthur inquired if setting impact fees at 75% of the maximum would pay for capital improvements. Mr. McArthur replied that there are only certain ways impact fees can be used. They cannot be used to improve the level of service, but they can be used to buy into the system. St. George City Council Minutes June 20, 2002 Page Nine Council Member Orton advised that 80% of the maximum power impact fee would be $2,420, 85% would be $2,570, 90% would be $2,720, and 100% would be $3,020. Mr. McArthur advised that the recommendation from the Water and Power Board is that power impact fees be set at 75% of the maximum. Council Member Gardner commented that the Alpha and Kemp studies referenced power impact fees according to amp size, but the discussion now is about ERUs. Mr. McArthur clarified that a 200 amp panel is residential, and if a larger panel is put in, the impact fee will be based on the incremental amount of power drawn through that size of panel. Mayor McArthur explained that if the City sets impact fees at 100% of the maximum allowed, it could be challenged in court. City Attorney Jonathan Wright clarified that 100% of the impact fee would be paid, which is 75% of the study. Mayor McArthur opened the public hearing. Lucille Boren inquired why the City was issuing permits for new homes during a time of drought. She inquired if owners of single family residences had to pay impact fees. She was advised that everyone who builds a new home pays impact fees. Mayor McArthur clarified that if someone buys a used home, there are no impact fees due the City, but anyone building a new home will pay impact fees. Historically, PUDs have paid less impact fees than single family residences. Ms. Boren inquired if golf courses paid impact fees. Mayor McArthur replied that any connection to the system requires an impact fee. Ms. Boren explained that she is on a limited income and cannot afford certain prescriptions because of rising expenses. Mayor McArthur explained that culinary water is not used to water the City's golf courses, and in many cases golf courses are watered by well water. Ms. Boren inquired why the well water could not be used for culinary purposes. Mayor McArthur replied that the water was not culinary quality. Ms. Boren inquired if the City was going to continue to allow new housing developments, as this does not provide the City with more water or power. Mayor McArthur replied this was the purpose of impact fees. Tyler Nelson, representing the AOPC, congratulated the Mayor and Council on the City's Water Efficient Landscape Guide, and reported she had heard landscapers were not in favor of it as their reputations depended on the grass looking great. She also expressed appreciation to the Wastewater Department for inspecting sewer systems in PUDs and advised that ten have been accepted so far. She explained that the AOPC currently has 80 association members and represents 6,000 homes. With regard to impact fees, someone has to pick up the actual cost of supplying infrastructure for all the new development, and impact fees charged to developers and homebuilders help pay for part of the cost to supply this infrastructure. She inquired why the City was only considering increasing water and power impact fees, when real infrastructure costs affect streets, fire protection, police protection and schools. She explained St. George City Council Minutes June 20, 2002 Page Ten that the difference between real sustainable growth and artificial growth is that sustainable growth pays for itself. The current growth rate of 7.5% results in a 100% increase in the resources needed to rebuild infrastructure every 10 years. This is not sustainable growth and real costs are just now beginning to roll in. The current water and power impact fees are far below the cost of furnishing resources, and ratepayers are picking up almost half the cost of supplying water and power to new structures. The water impact fee is currently $1,600 when the actual cost is $2,800. The new proposed impact fee will only cover $500 of this $1,200 difference. The City is proposing that it is fair for ratepayers to subsidize builders into the future, and if growth has been good for everyone, why is it costing ratepayers $1,200 for each new home built in the last two years. The proposed impact fees fall way short of covering the actual cost. The current power impact fee is $1,500, when the actual cost is $3,200. This $1,700 difference again means each new home, even after the proposed increase of $900, leaves ratepayers with another $800 not paid for by new development. If growth is good, then why is it costing ratepayers $1,700 for power for each new home built? If growth is good for everyone, then why has it been costing ratepayers a combined total of $3,300 for each new home built in the last two years just to supply water and power? In summary, growth that is sustainable pays its own way, and water and power ratepayers in St. George should not be forced to subsidize excessive growth so that a few men can make a fortune. She recommended that all impact fees be raised, and to a level to pay the cost of future development. She further suggested that the City inspect new PUD developments to assure requirements are met, instead of allowing them to avoid costs by putting in one meter to serve 28-35 homes. Council Member Gardner commented that the community's growth rate was about 3%. Community Development Director Bob Nicholson advised that the City's growth rate is now between 4% and 5%, but varies from year to year based on the number of building permits issued. Council Member Gardner commented that the demand on the system is partly created by the purchase of new electronic appliances, etc. by current residents, which makes more demand on the system, and it is not just new growth which impacts the system. Gil Nicola asked the mayor to repeat the amount of savings achieved in water and power over the last year. Mayor McArthur replied that the figures he had are for water only, and currently today's water savings are 8% over last year at this time. In months previous this amount has been as high as 18%. Mr. Nicola inquired about savings in power. Water and Power Director Wayne McArthur replied that the City was currently running 12%+ over last year at this time. Mr. Nicola commented he did not believe the City was going to meet power supply demands with the increased demand on the system. He inquired if there was any yearly discussion about adjusting impact fees since 1995. Mayor McArthur replied that any adjustment to impact fees must be based on a study of the capital facilities plan, and this will be reviewed every five years. Mr. Nicola commented that it seemed appropriate to make a review a great deal more often than has been done in the past, and growth should be paying more of its own way, and this should not be put on the ratepayer. Council Member Gardner commented that the Water and Power Department walks a fine line, and while conservation may be good in some respects, if no one is using the water or power, the City still has to pay for it. He commented St. George City Council Minutes June 20, 2002 Page Eleven there was adequate water and power but everyone should be wise in their use. If everyone cuts back, the City will go into the hole, and in fact some cities have had to raise rates because conservation had been so successful the cities could not meet their bond payments. Mr. Nicola commented that while he has never made the argument that growth was not important, he felt subsidized growth is not something the City should be doing. Joe Caby commented that ten years ago some citizens were fighting for 3% growth and were defeated. 3% then was a lot less than today. Jim Thorley inquired about the increased percentage in power over the last 10-15 years. Water and Power Director Wayne McArthur replied that rates were increased in 1991, and then again this year. This years power rate increase was 40%. Mr. Thorley challenged Ms. Nelson's figures and her statement that existing residents are subsidizing new residents. He commented that by law all impact fees can do is pay for the impact new homes have on the system. He inquired of Ms. Nelson where she obtained her figures. Ms. Nelson replied she obtained her figures from the City's own study. Mr. Thorley inquired if the City's cost for water for each new home was truly $2,250. Mr. McArthur replied that the City's cost was actually $3,000 for water for each new home, and this $3,000 includes the cost of infrastructure needed. Mr. Thorley inquired if $3,000 was the City's present cost, or future cost. He commented his power bill has not gone up other than the 40% increase, and has not even kept up with the cost of living over the last 20 years. Council Member Gardner commented that last year the City grew 3%, yet water use went up by 6%-7%, which means that existing residents were using twice as much. Mr. Thorley commented they should then pay twice as much. Council Member Gardner commented in that scenario, new growth subsidized existing residents. Ms. Nelson inquired about the need to build new water tanks. Council Member Gardner replied that part of the water tank is devoted to water for existing citizens who want to plant more grass, as well as for new residents. It is not fair for existing people to pay for total growth, nor is it fair for new growth to subsidize existing residents. Mr. Thorley commented that a true environmentalist is one whom has already built his home. Ms. Nelson commented there were currently 1,200 homes for sale in St. George. Mr. Thorley commented that he did not like to see the attitude that now we're here, let's sock it to everybody who comes. Council Member Gardner commented that residents of St. George have access to some of the cheapest power rates in the state. Mr. Nicola commented that a footnote to the City's Water Development Impact Fee Study says that state law allows existing residential to subsidize new St. George City Council Minutes June 20, 2002 Page Twelve development, but new development cannot subsidize existing residents. Existing residents will subsidize new development if impact fees are set lower than the maximum allowed. He advised that when he inquired why impact fees were set at 75% in 1995, he was advised it was because staff recommended it. He inquired of the City Council if staff recommended impact fees be set at 50%, would they accept that? He commented that impact fees must have been set at 75% for some reason, and that reason was probably to stimulate growth. The question is how much growth do we have infrastructure for. Mayor McArthur advised that the building trade in St. George supports impact fees because it realizes the importance of providing infrastructure. Council Member Allen commented that the 75% figure was not just pulled out of the air, as the City commissioned studies from professionals across the country and held many meetings on the matter. A lot of consideration was given to this figure, and it was arrived at after a lot of compromise and discussion. Paul Carter, a member of the AOPC, expressed concern that the Power Department was experiencing a deficit of $200,000 to $300,000 each month. He stated he hoped the Mayor and Council would take into consideration this deficit, as the City cannot operate in a deficit. If this means raising impact fees, then it should do so to continue to provide the quality of life currently enjoyed in St. George. Mayor McArthur advised that by law, impact fees cannot be used to get the City out of a deficit, but with a combination of rates and impact fees, it is trying to reach its goal of a 18%-20% reserve. Lucille Boren inquired if the City considered using reclaimed water for irrigating lawns. Mayor McArthur replied that this was currently in the works, and next year the City will build its reuse facility to treat waste water and use it to water its golf courses. Jim Guard commented he was not sure the comparison of St. George's impact fees to other cities' impact fees was meaningful, as this implies competing for growth with surrounding communities. The City should not compete with low impact fees, but with low rates and better infrastructure. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Gardner commented that it was important to understand that raising impact fees will make a difference whether a young family can build a home or not. Council Member Whatcott commented that the City has been examining this issue for a year, and it came down to the City breaking down the next ten years into three phases. With that in mind, it began calculating water and power impact fees and rates, recognizing that they would have to be raised. He expressed concern that the Power Department was running in a deficit every month, and if this continues, both impact fees and rates will have to be looked at. If impact fees are raised and rates lowered, revenue does not come in as quickly. Impact fees come incrementally with the need to build, and they cannot be depended on. If they are raised too high, there is no construction, and therefore no money to pay bills. Hence the 75% rule came into effect, and while this is not a magic number, it is close, and something has to happen to meet the City's objectives of the next ten years. He made a motion to increase the water impact fee to $2,250 and the power impact fee to $2,265, which is 75% of the maximum impact fee allowed, and that it be looked at seriously over the next year to be addressed again in short order, if need be. St. George City Council Minutes June 20, 2002 Page Thirteen The motion was seconded by Council Member Gardner, who noted how proactive the Water and Power Departments have been. He commented that even in a drought no one has had to go without water, as the water is there, and a pressurized pump will be coming on line within a week to solve some of the pressure problems in the southern end of the City. He stated that the citizens of St. George have lived on the principle of pay it forward, as all did not earn or pay for what is enjoyed today but someone in an earlier generation sacrificed and paid the price to make it easier for us today, and he hoped we would make it easier for those who come in the future. Mayor McArthur suggested July 1 as an implementation date for the impact fee increase, except for three companies who have been working with Washington County Economic Development, and he recommended their implementation date be August 1. City Attorney Jonathan Wright clarified that whether or not a contract has been signed or not was not relevant. The building permit will have to be purchased by July 1 in order to take advantage of the present impact fees. Council Member Whatcott expressed concern that extending the deadline too far into the future would result in a huge influx of permits. Mayor McArthur commented that the problem with signed contracts is that they can be postdated. Community Development Director Bob Nicholson recommended July 1 as the implementation date for the new impact fees, as his office is already inundated by permits. Kevin Ence took issue with the City allowing the three large companies until August 1 to obtain their building permit, when he would only have 10 days to obtain his permits. He stated he had 10 contracts pending, and the increased impact fees would have a significant bearing on them. He suggested allowing everyone until August 1 to obtain their building permits with the existing impact fees. Mayor McArthur explained that the City has been negotiating with the three companies for three years, and this was the reason he recommended an additional extension of time for them. Additionally, the increased fees may make a difference whether they come to St. George or not. Mr. Ence requested 30 days before the impact fees were increased for anyone. Council Member Orton commented he hated to extend the date 35 to 40 days, other than for the three large companies who have been working with Washington County Economic Development. Council Member Isom commented she felt the extension should be given to all. Council Member Gardner requested clarification that a building permit would have to actually be taken out. Community Development Director Bob Nicholson replied that the building permit would have to be taken out. He expressed concern about a 40 day extension, as City staff experienced a nightmare in the past when it approved a long extension period. He suggested allowing ten days. Vince Clayton advised he had ten contracts which had already been negotiated, and this additional increase will cost $33,800 if not all are started within a ten day period. Council Member Whatcott replied to Mr. Clayton that he was on the Planning Commission and was aware that the impact fees were being increased. He suggested a compromise of 15 days. St. George City Council Minutes June 20, 2002 Page Fourteen Carol Sapp, Southern Utah Homebuilders Association, commented that allowing until July 15 was a fair compromise. Tyler Nelson commented that the City announced months ago that the impact fees were going to be raised, and Santa Clara recently raised their impact fees and made them retroactive to September. They also charged 80% of the maximum allowed. She stated it was hard for her to see the Council please the developers the minute they say something. She commented for the City to allow an additional 15 days was incredible. Council Member Orton commented it was not unreasonable to allow 15 extra days. Carol Sapp stated today's action could not be compared with 1985 when a developer could buy 50 building permits without plans. The process now is not a quick one, and developers are simply asking for time to bring in their plans and pull their permits. She advised she has been informing members for some time that this increase was coming, but has not been able to give them an amount. She stated she did not feel there would be a run on permits, and the extra 15 days simply gives developers time to get in. Now that they know what the fees are going to be, they can tell their customers. She expressed concern for first time homebuyers, as some will not be able to afford the $1,500 increase. Council Member Whatcott commented that whether the extension is 15 or 60 days, there will still be some first time homebuyers who cannot qualify for a home. Community Development Director Bob Nicholson commented that in the last 30 days the number of permits requested has doubled. Council Member Whatcott added to his motion that implementation of the new impact fees would take place on July 15. City Attorney Jonathan Wright clarified that building permits pulled on or after July 15 will be assessed the new impact fee. Council Member Whatcott continued to say that July 12 would be the last day to purchase building permits under the existing impact fee schedule. Additionally, the three companies working with Washington County Economic Development will have until August 1 to purchase building permits under the existing impact fee schedule. The amended motion was seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. Council Member Whatcott commented that the recent rate increase and impact fee increase should meet the City's goals for the next ten years. If not, they will be addressed again shortly. Mayor McArthur commented that other impact fees might also be addressed. He then called for a five minute break. PUBLIC HEARING/GENERAL PLAN AND LAND USE MAP/ORDINANCE: Public hearing to consider approval of the updated General Plan and Land Use Map for the City of St. George. St. George City Council Minutes June 20, 2002 Page Fifteen Mayor McArthur advised that action from this public hearing would be continued until July 11 for a decision in order to give a downtown group time to make a presentation on that date. Community Development Director Bob Nicholson advised that updating the General Plan has been in the process for 18 months to two years, and a number of work meetings have been spent on it. The plan is all about growth and how to manage it. Four neighborhood meetings were held to gather input, and then the Planning Commission held two public hearings. It is estimated the City will grow 4% a year, which translates to 2,000 people per year. It is estimated that St. George will have a population of 100,000 in the year 2020. The purpose of the General Plan is to be a guide for land use decisions and to identify growth areas. He then reviewed the Land Use Map. The Land Use Map is intended to be general, and it is City policy to update the General Plan every five years to evaluate trends and educate the public and reconfirm and modify the City's objectives. He then reviewed high points on the Land Use Map. The Ledges area on the General Plan calls for the area to be low density residential, one to four units per acre, with proposed neighborhood commercial and mixed residential. The Planning Commission was not informed of the Washington County Boundary Commission's recommendation of March, 2000 that if the City annexed The Ledges, they strongly recommended that zoning adjacent to Winchester Hills be a minimum of one acre lots or compatible with the lots presently existing there. There is an issue of trying to create an appropriate buffer adjacent to Winchester Hills. Present zoning is Mining and Grazing. The General Plan for the South Block area contains a refined version of what was planned for in 1995 which was highly conceptual. The City now knows the location of the southern corridor and the new airport, and has Leucadia's proposal. A detailed land use plan will be developed before the City moves forward with any zoning in this area. The central City area, historically, was designated as medium density which means four to nine homes per acre. There are existing R-1 zones, and the proposed General Plan calls for protecting the existing R-1 zones for the most part. There is one block of R-1 which would benefit from new investment. The entire area is 95% built out. A neighborhood committee has done considerable research and will make a presentation at the July 11 meeting. City staff supports their recommendation with downzoning in the future because of the demand for college student housing. There is not too much change in the east area of the City, but one change is proposed for a professional office zone for a mortuary on Mall Drive. The current plan shows this area as low density residential. Other than this change, there is very little change in the General Plan from the 1995 version. Another area is the Little Valley/Washington Fields area which has been the most difficult to develop a consensus for what the residents support and property owners want. The area is shown as low density residential, one to four homes per acre, and is similar to the General Plan of 1995. He questioned if there should be more land set aside for rural residential. For a specific area in Little Valley, the General Plan adopted in 1995 calls for up to one unit per acre, but the current General Plan proposes up to two units per acre in this same specific area. This would be an increase in density. He clarified that a designation of Very Low Density Residential contains up to one dwelling unit per acre. Low Density Residential is one to four units per acre, and Medium Density Residential is five to nine units per acre. Council Member Orton commented that with regard to Little Valley, it was his understanding that the City Council previously agreed to protect agricultural areas at up to two units per acre, but the proposed General Plan indicates up to four units per acre. Council Member Whatcott commented that the R-1-20 zoning designation should be moved to Very Low Density Residential. Community Development Director Bob Nicholson advised that the General Plan indicates up to one dwelling unit per acre is considered Very Low Density Residential, and Agricultural zones allow up to one dwelling unit per acre, with a suggestion for up to two. This would be RE-20. St. George City Council Minutes June 20, 2002 Page Sixteen Mayor McArthur commented that Washington City's zoning in this area is R-1-10. Council Member Allen advised that Washington City is currently having discussions about this zoning. Council Member Whatcott commented the City may be taking too broad a stroke in saying that Low Density Residential includes densities from R-1-8 to R-1-20, as that was part of the problem in the Little Valley area. He suggested more detail was needed. He commented that R-1-8 and R-1-20 zoning are drastically different. Mr. Nicholson replied that it was up to the Planning Commission and City Council to decide appropriate densities. Mayor McArthur commented he felt the designations may be too broad, as RE-20 is a lot different than R-1-8. Council Member Gardner inquired how general was general, and when an applicant comes in for specific zoning is perhaps the time to address the specific nature of it. Mayor McArthur commented it came down to animals in residential zones, and perhaps RE-12 on down should be in one classification, and from there on up in another. Council Member Whatcott commented that most RE-12 developments do not allow animals. He commented the proposed General Plan for the Little Valley area seemed to be the opposite of what the Council discussed, instead of creating a buffer. Council Member Orton commented that the City Council previously made a determination to try and protect the Little Valley area. Community Development Director Bob Nicholson advised that the proposed General Plan shows an expansion of the Ft. Pearce industrial area, and should see fairly significant expansion over the next few years. Council Member Gardner commented that all Council Members own homes and properties in the area and therefore all are impacted by the General Plan. He was advised that he did not have to declare a conflict of interest because if all the Council did so, there would be no one left to discuss the issues. However, he excused himself from the discussion dealing with The Ledges. Mayor McArthur opened the public hearing but advised that it would be continued until July 11 for a presentation from the downtown committee. Alan Gardner requested that the area designated as high density residential around Harmons north of 700 South up 1000 East be designated as commercial. This area adjoins commercial zoning now, and the property was abandoned several years ago. Natalie Larson, a resident of Little Valley, commented there needed to be an area for everyone. She commented during the SID proceedings, Brent Gardner commented there would be an equestrian trail in the area, but the large animal owners have been boxed in by large developments. She suggested that Seegmiller Park would be a great place for equestrian trails. She inquired if the City Council was talking about large animals or large lots, and this needs to be addressed. She commented there are a lot of corrals on 3000 East, and she hoped it would be left that way. She inquired how property could be obtained for an equestrian trail system now. Mayor McArthur replied that equestrian trails would have to be included on a plat map and shown as part of a development. St. George City Council Minutes June 20, 2002 Page Seventeen Ms. Larson inquired if the City could include in the General Plan an equestrian trail system throughout the Little Valley area. Mayor McArthur replied there would have to be cooperation from property owners, as trails are usually voluntary. Ms. Larson commented that there will always be people with large animals in the Little Valley area, and an area for them needs to be stipulated. Council Member Orton commented that if there is a market for subdivisions with equestrian trails and somewhere for the trails to go, they will be built, but it would be hard for the City to step in and do that. Ms. Larson commented that as development continues in the Little Valley area, she hoped the City Council would take a close look at the area and consider the large animal owners, livestock owners, and hay growers, as part of the area belongs to them too. Barbara Shiloh stated that she liked the idea of developing some kind of an area for equestrian trails or access in the Winchester Hills area. She stated there were many large animals in Winchester Hills, and inquired about the possibility of a buffer zone as recommended by the Washington County Boundary Commission. Marvin Fuller, a resident of Winchester Hills, explained that his property is adjacent to the newly annexed City property, and the proposed general plan designation leaves the door open to a change in density immediately to his rear property line which would result in significant adverse impacts to his property. He expressed concern that storm water from adjacent sloping properties, if four to five homes per acre were built, would result in significant damage to his property. Other negative aspects of increased density include noise, loss of wildlife, and a decrease in property values if the character of the neighborhood is changed. He requested that the Amended General Plan be amended to show a minimum of one acre lots adjacent to the eastern property line as recommended by the Washington County Boundary Commission. This recommendation, if implemented, would provide compatible density along the border area and would provide a pleasing transition to the first access road, and major density transition could then take place across that road. Mayor McArthur advised that drainage was not a part of the General Plan, but would have to be addressed by development. Mr. Fuller commented if a buffer zone of low density one acre lots were designated along the boundary of Winchester Hills, this would mitigate all of the major adverse impacts to adjacent property owners. Don Ruesch, a resident of Winchester Hills, expressed concern that residents of Winchester Hills are not residents of the City and therefore have little say. He commented that the recommendation of the Washington County Boundary Commission with regard to a buffer zone would resolve many of the concerns of Winchester Hills residents, as many of the residents feel they have a right to claim their backyards should not be abutting three to four homes per acre. He inquired who paid the cost of infrastructure and where the facilities would come from to serve new residents of the annexed area. He inquired if the City recently purchased a well. Mayor McArthur replied that infrastructure will be provided when development occurs, including sewer, roads, and rights-of-way. However, this does not pertain to the General Plan. Mr. Ruesch inquired where the water would come from to serve this newly annexed area. Mayor McArthur replied that this had nothing to do with the General Plan. St. George City Council Minutes June 20, 2002 Page Eighteen Council Member Whatcott commented if the developers do not have a source, they will not build. Mr. Ruesch inquired about power to serve the newly annexed area. Mayor McArthur replied that impact fees and rates will pay for the power. Mr. Ruesch expressed concern about the proposed density. ...


Power Generation :
The City Power Company owns, operates and maintains several generation facilities.  They include:  • Red Rock Generation Facility • Bloomington Generation Facility • Pine Valley Hydro • Millcreek Generation Facility • Back-up generation at various city facilities   These facilities are maintained and operated by generation  staff which include: • Five Generation Maintenance Technicians • Generation Superintendent    The City Power Company also provides real time monitoring of the electric system and...


City Council Minutes 04/19/2001:
...he felt it was much easier to read and understand. She also asked why the power revenue loss was so high. Wayne McArthur, Water and Power Director, said the losses were greater this month because power had to be purchased from outside sources at a much higher price than the City can generate it. The City was forced to purchase this power because they had to shut down the Bloomington generators and because Hildale was unable to supply the power they had contracted to supply. Council Member Allen made a motion that the March 2001 financial statement be approved as written. Council Member Isom seconded. Council Member Whatcott noted that the report says fuel costs are up 500% from last year and wondered if that was not somewhat misleading. It was his understanding that a lot of the increased fuel costs were for the extra fuel to run the Bloomington generators and the increased revenues from those generators will more than pay for that fuel. Mr. McArthur agreed that was the case. St. George City Council Minutes April 19, 2001 Page Two Hearing no further questions, Mayor McArthur called for a vote on the motion which passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye SCOUT TROOP Mayor McArthur announced that there was one scout present and asked him to come forward and introduce himself. He introduced himself as Braden Wright and said he is from Troop 763 and is working on his First Class. He was at the meeting to earn a Communications merit badge. As it was not yet time for the public hearings, Mayor McArthur asked Barry Barnum, Regional Wastewater Manager, to present the Wastewater Facility Annual Self Assessment document. RESOLUTION - ANNUAL SELF-ASSESSMENT OF WASTEWATER FACILITY Mr. Barnum asked that Council consider approval of a resolution accepting the annual self-assessment at the wastewater treatment facility. He told the Council that every year staff must do a self assessment of the Wastewater facilities for the State. In a letter from the State they indicate that the reason for this self assessment is to help the Wastewater staff find problems and fix them before they become too costly. He told Council Members that the Wastewater plant and collections systems are in good condition. Council Member Allen commended the Wastewater Lab for receiving the WEAU "Lab of the Year" award and the Collections staff for receiving the WEAU "Safety" award. Council Member Gardner indicated that Pine Valley uses our laboratory facilities for culinary water testing and they are very pleased with the efficiency of the operation as well as the fact that it saves them time and transportation costs. Council Member Allen made a motion to accept the Annual Wastewater Self-Assessment and authorize Mayor McArthur to sign the resolution as presented. Council Member Gardner seconded the motion and it passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye BID OPENING Mayor McArthur told Council Members that this is an amendment to the agenda and asked Phil Soloman, Assistant Director of Water and Power, to present the bid. Mr. Soloman asked that Council approve a bid for supplies to complete the wells in Gunlock. The apparent low bidder is Plumber’s Supply at $255,408. Mayor McArthur asked if this expansion will accommodate future as well as present needs. Mr. Soloman indicated it will take care of present needs and some future needs, but we will need to do some expansion. Council Member Isom made a motion to approve a bid to Plumber’s Supply in the amount of $255,408 for supplies to complete the wells in Gunlock. Council Member Orton seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye St. George City Council Minutes April 19, 2001 Page Three STAFF REPORT Planning Commission Report Bob Nicholson, Planning and Zoning Director, reported on the meeting of the Planning Commission, held April 10, 2001. He asked the City Council to consider setting a public hearing date of May 17 2001, to hear the following items: 1. A request for an amendment to the General Plan Land Use Map designation from Medium Density Residential and Commercial to Commercial and Open Space designation for commercial development along Riverside Drive and for Parks, Trails, Water Sports and a Dinosaur Park along the river located between Mall Drive and 2450 East on the South Side of Riverside Drive. Paul Jensen, applicant. 2. A request for an amendment to the Road Master Plan to remove a portion of 2060 East Street to accommodate a new Washington County School District Intermediate School. Washington County School District, applicant. 3. A request for a zone change from R-1-10 Single Family Residential to PD Planned Development Residential for a townhome development on 5.23 acres of property located south of Riverside Drive on 2450 East Street, Tim Izatt, applicant. 4. A request to amend a portion of a PD Planned Development on 0.5 acres for Phase III of Canyon View at Laurelwood located at 100 North Valley View Drive. Bob Bergren, applicant. Council Member Gardner made a motion that public hearings be set to hear the above-outlined items, on May 17, 2001 at 5:00 p.m. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Preliminary Plat Mr. Nicholson asked that the Council consider approval of a preliminary plat for a townhome development with 8 units located at 800 North 2720 East. The proposed development is on lot 3 of the Pine View Commercial Subdivision and is zoned R-3. Paul Cieslewicz, applicant. Council Member Whatcott made a motion to approve the preliminary plat for a townhome development in an R-3 zone with 8 units located at 800 North 2720 on lot 3 of the Pine View Commercial Subdivision, Paul Cieslewicz, applicant. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Final Plats Mr. Nicholson presented the following final plats for Council approval: 1. Preliminary and final plats for an existing building located at 37 West 1070 South. Southtown Professional Plaza. Lonnie Clove, applicant. Although this is an existing building, the owner would like to file a professional condominium plat for four office units. Council Member Whatcott made a motion to approve both the preliminary and final plats for an existing building located at 37 West 1070 South, Southtown Professional Plaza, Lonnie Clove, applicant, and authorize the Mayor to sign the final plat. St. George City Council Minutes April 19, 2001 Page Four Council Member Orton seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 2. The Cliffs at Snow Canyon Plat "C" with 30 single family lots located north of Entrada on Snow Canyon Parkway. Randy Deschamps, applicant. Council Members questioned whether this was the subdivision that they did not know how the road would tie in with the SITLA property next to it. Mr. Nicholson indicated the problem had been solved. Council Member Gardner made a motion to approve the final plat for the Cliffs at Snow Canyon, Plat "C," with 30 single family lots located north of Entrada on Snow Canyon Parkway. Randy Deschamps, applicant, and authorize the Mayor to sign the final plat. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 3. Park Central Townhomes with 10 units located at 559 East 300 South on 4.34 acres, Kevin Ence, applicant. This is an infill project in the center of the block. Council Member Orton made a motion to approve the final plat of Park Central Townhomes with 10 units located at 559 East 300 South on 4.34 acres, Kevin Ence, applicant, and authorize the Mayor to sign the final plat. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 4. Pine Brook Subdivision, Phase I with 17 single family lots located at 530 South Indian Hills Drive. The applicant is also requesting that the City maintain the landscape strip along Indian Hills Drive beginning in two years. The Planning Commission recommends approval of the plat and also for the landscape maintenance request subject to complying with the City’s standards and criteria set by the Leisure Service Department including inspection during installation. Cary Blake, applicant. Council Members questioned the landscape maintenance agreement. Council Member Gardner thought the City had agreed to maintain landscaping only along major arterials. Council Member Orton was concerned that the City does not take on more work than it has staff to accommodate. Council Member Allen questioned if there were standards for the landscaping. Jonathan Wright, City Attorney, felt that the applicant should form some kind of association to be responsible for the landscaping even if it is not a formal Home Owners Association. The overall feeling seemed to be that the Council wanted to be careful what kind of precedent they set in this area. Council Members asked it they could approve the plat without the landscaping note and ask staff to recommend guidelines for turning planting strips over to the City. Mr. Wright told them they could. St. George City Council Minutes April 19, 2001 Page Five Mr. Blake told Council Members that he had planned to deed that strip of property to the City along with several adjacent acres for a park. The Council expressed appreciation for the donation, but still felt they would like to have staff recommendations before agreeing to his request. Council Member Isom made a motion to approve the final plat of Pine Brook Subdivision, Phase I, with 17 single family lots located at 530 South Indian Hills Drive and authorize the Mayor sign the plat without the landscape maintenance agreement. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye 5. Anasazi Hills at Entrada, Phase III, with 8 single family lots on 2000 North and Anasazi Trail, Marc Brown agent. Mr. Nicholson told Council Members that there were no problems with the plat and that the Planning Commission had recommended approval. Council Member Isom made a motion to approve the final plat for Anasazi Hills at Entrada, Phase III, with 8 single family lots on 2000 North and Anasazi Trail, and authorize the Mayor to sign it. Marc Brown agent. Council Member Gardner seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit - Crisis Respite Nursery Bob Nicholson asked that the Council consider a request for a Conditional Use Permit for a daycare center, crisis respite nursery and shelter for children under age 11 at 514 West 500 North. Diane Tarbox, representing Family Support Center of Washington County, applicant. He indicated that the Planning Commission had debated this issue for 45 minutes and had decided they could approve it for eight children overnight and up to 16 during the day. The building in question has been a daycare center for at least 16 years, with up to 40 children, but the Planning Commission felt that in order to be sensitive to the neighborhood and to alleviate possible parking problems, this would be a workable plan. Ms. Tarbox distributed a summary sheet with information regarding the nursery and told Council Members that she feels comfortable with the number of children approved by the Planning Commission. She further told Council that the County has been operating the crisis nursery at 561 East Tabernacle for over 7 years and have not had any problems or complaints from the neighbors, and, in fact, felt they had been an asset to the community. The reason they would like to move the operation is lack of space for both children and staff. Council Member Gardner was surprised the nursery had been in operation so long. He remembered the original discussions and the concerns of the neighbors. He stated that he has never heard a complaint about the operation either. Council Members asked if this is a temporary or permanent care facility. She said it is temporary. They can keep the children for several weeks, if necessary, while an abuse case is in court, but generally they are there less than 72 hours. Council Member Isom made a motion to approve a request for a Conditional Use Permit for a daycare center, crisis respite nursery and shelter for children under age 11 at 514 West 500 North, St. George City Council Minutes April 19, 2001 Page Six caring for eight children overnight and up to 16 during the day. Diane Tarbox, representing Family Support Center of Washington County, applicant. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit - Exotic Bird Breeding Facility Bob Nicholson asked that Council consider requests for Conditional Use Permits for up to 400 pairs of exotic birds for breeding and raising within a fully enclosed facility at 3311 East 2170 South. Tom Brinkerhoff, applicant, and 250 pairs of exotic birds for breeding and raising within a fully enclosed facility at 3313 East 2170 South, Drew Ferweda, applicant. As the two facilities are on adjacent properties, it was decided to consider these issues together. Gary Kuhlmann, representing the applicants, showed an exhibit of pictures of the facilities. Council Member Isom asked if there had been any complaints from neighbors. They did not know of any. Mr. Kuhlmann said one neighbor had come to the Planning Commission meeting, but he had come to ask questions. He had since approved the operation and has written a letter to that effect. Council Member Gardner asked how many birds could conceivably be in the barn at one time if there were 400 breeding pairs and offspring. The applicant said the pairs will breed up to 5 times per year, but the offspring will only stay with them for 3-6 weeks before going to a hand feeder to get them ready to sell. Council Member Orton was concerned about the sanitation of the operation and especially as it related to the ground water. Mr. Kuhlmann said each barn is on a septic system separate from the homes. He said the barns are cleaned by scraping the food and waste from the floor, and bagging and disposing of it. The floors are then cleaned with antifungal and antibacterial products which can go safely into the septic system. Any remaining solids are caught in screens and bagged with the rest of the waste and sold to a worm farm. They felt that less waste would get into the ground water from this operation than a cattle operation. The barns are scraped daily and washed once a week. The barns have to be kept especially clean because the birds are quite delicate. Council Members wondered how the applicants had arrived at the number of birds they would raise in each barn. He told them that they had acquired the manufacturer’s suggestions, then upsized the cages considerably in order not to have the birds too crowded. Council Member Orton said the two buildings were built without building permits. These building would never have been approved and the City now has to deal with this problem without setting a precedent for other business operations in the A1 zone. The applicants told the Council that they were not the original builders and had no knowledge that the proper permits were not obtained. Bob Nicholson was asked to read the zoning ordinance for AG-1 and AG5 zones. He said it had been changed 9 months ago. The ordinance reads that not more than 30 small animals may be kept in an AG-1 zone without a Conditional Use Permit. The animals must be kept constantly indoors, the building soundproofed and kept sanitary and the animals are to be raised for live resale, not for food. Council Member Whatcott told Council Members that he had visited the operation and was impressed with the cleanliness. But he questioned if this was in the right spot for that operation. He felt the AG-5 zone was more conducive for this type of business. The applicants said they had been told it was a AG-5 lot when they rented it. St. George City Council Minutes April 19, 2001 Page Seven Council Member Gardner felt that even though the buildings would never have been approved, they are there and it is better not to have them sit vacant. He made a motion to grant the Conditional Use Permits for up to 400 pairs of exotic birds for breeding and raising within a fully enclosed facility at 3311 East 2170 South, Tom Brinkerhoff, applicant, and 250 pairs of exotic birds for breeding and raising within a fully enclosed facility at 3313 East 2170 South, Drew Ferwerda, applicant. Council Member Allen seconded the motion and the vote was as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Nay Council Member Whatcott Aye PUBLIC HEARING - SIENNA CANYON Mayor McArthur asked Bob Nicholson to introduce the first public hearing for the evening. Mr. Nicholson asked that Council consider approval of an amended PD Zone request from Leucadia Corporation. This request will allow the transfer of nine dwelling units from Webb Point to the Sienna Canyon patio home development which is located in the canyon area on the east side of Webb Hill. He told them that the Planning Commission had recommended approval and called it a win-win situation. Larry Pinnock, representing the applicant, gave a presentation showing how this proposal would provide for less traffic and less cut and fill on Webb Hill and transfer the nine lots to Sienna Canyon which has room for more density. Mayor McArthur opened the Public Hearing and asked if anyone had come to speak to this item. Hearing none, he closed the public hearing and called for questions from the Council. Having discussed this extensively in other meetings, the Council had none. Council Member Gardner made a motion to approve, by ordinance, an amended PD Zone request from Leucadia Corporation to allow the transfer of nine dwelling units from Webb Point to the Sienna Canyon patio home development. Council Member Isom seconded and the Mayor called for a roll call vote as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Isom Aye Council Member Allen Aye Council Member Gardner Aye PUBLIC HEARING - POWER COST ADJUSTMENT Mayor McArthur told Water and Power employees how much he appreciated the work they have done. He told those present that it had been 10 years since the City has had to levy a power rate increase. He asked Ross Hurst, Chairman of the Water and Power Board, to address the Council. Mr. Hurst told the Council that in the past the Power Department has been solvent and has had reserves, but it is not that way anymore. With the power crisis in California and the much higher price of buying open market power, most of the reserves which have kept the Power Department solvent have been liquidated. He said the Power Department has always had to buy some supplemental power, however, what used to cost 2 cents per kilowatt last year is now 20-75 cents per kilowatt. He said that the City had retained Alpha Engineering to do an analysis of present and future use and to project rate costs. He asked Wayne McArthur to tell the Council of the Water and Power Department’s plans. Wayne McArthur told Council Members that in response to the analysis done, the City is working on a Standard Operating Procedure which will detail how to get through the summer, water St. George City Council Minutes April 19, 2001 Page Eight contingency plans, power options, etc. If it is cooler this summer, the City may not need all the power it has purchased and may be able to sell it for a higher price. If it is a hot summer the City will be about 20 megawatts short in June and may have to conduct rolling blackouts, etc. The City is in the process of hiring a Conservation Coordinator to educate the public in conservation methods. He told Council that the Power Company needs to raise residential rates 50% to cope with the higher prices. This will bring St. George power rates up to the rates charged by Santa Clara, Hurricane, and Ivins. Council Members questioned why only residential rates would be increased. Mr. McArthur told them the commercial rates had previously been increased and are on a par with the suggested rates for residential. He emphasized that this increase would be for the five summer months of May, June, July, August and September. Council Member Gardner asked if the City practiced conservation, could it get by with less adjustment. Mr. McArthur indicated that the base cost will remain the same, but bills could be lower if citizens reduced the number of kilowatt hours used. Council Members were concerned that the Water and Power Board ensure that the rates be reviewed at the end of the five months. Mayor McArthur declared the Public Hearing open and asked if anyone had come to speak to this issue. Hearing none, he closed the Public Hearing. He asked for final questions and comments from the Council. Council Member Whatcott questioned whether any budgetary items had been added into this increase, or if it was just enough for temporary needs. Mr. McArthur assured the Council that this is solely a temporary increase. Council Member Orton made a motion to amend the tariff for electric power rates for St. George City to accommodate higher power costs during the five month period from May 1, 2001 to September 30, 2001 with the caveat that the Council will analyze the rates and costs at the end of this period and, if possible, rebate any budget overages to the consumer and authorize the Mayor to sign the resolution as such. Council Member Gardner seconded. Mayor McArthur called for a roll call vote, and the motion passed reluctantly, but unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Isom Aye Council Member Allen Aye Council Member Gardner Aye Council Members recognized the Water and Power Board and the Water and Power Department for their hard work in bringing the best power possible at the best possible rates to St. George City. PUBLIC HEARING - WATER RATE ADJUSTMENT Mayor McArthur asked Ross Hurst to introduce this Public Hearing. Mr. Hurst told those present that it has also become necessary to raise water rates. He said those who have gone before have done a good job of putting the City in a good position as far and water and power, but there are times when it is maxed out. He said that conservation is the key, and while City staff does not want to create a hostile environment, it has to be aware of its stewardship. Mr. Hurst told the Council that the last water rate increase was about four years ago. It was a 4% increase per year for four years to increase the capacity of Quail Lake. He said that Alpha Engineering had been commissioned to do an analysis of capital projects and the rate structure. He feels the study is sound, but it does indicate a need to increase rates. He indicated that the Water and Power Board would welcome any ideas by other parties. Council Member Isom said she lives near the downtown ballfield and sometimes the lights are left on all night and sprinklers are on during rainstorms. She felt that the City needed to be held to the same standards of conservation as everyone else. St. George City Council Minutes April 19, 2001 Page Nine Marc Mortensen told the Council that sometimes the City sets a good example and sometimes, bad. However, the City is planning to lead the conservation charge. He said that Gary Esplin has mandated that City staff pay more attention to conservation by using xeriscaping and retrofitting landscapes to conserve water. Staff is also looking at other ways to improve conservation practices. Mayor McArthur declared the Public Hearing open and asked if anyone had come to speak to this issue. Hearing none, he declared the Public Hearing closed and asked Council if they had further questions. Mayor McArthur invited Mr. Mortensen to tell the Council more of the City’s plans for conservation. Mr. Mortensen said the City as a whole, uses 10 million gallons of water during the winter and 38 million gallons during the summer. People water their lawns too much. To combat this the City is working with the Water Conservation District and Dr. Williams, who is knowledgeable about enviro-transpiration (ET). Dr. Williams will appear on 890 talk radio at 8:00 on Monday morning to talk about water conservation and he will perform lawn audits, if requested. The Water and Power Department is hiring a Conservation Officer. An educational campaign is planned to teach citizens how to conserve and newsletters, the newspaper, a demonstration garden (rocks and cacti are not always the answer) and channel 6 on Charter Cable will be used to give conservation tips with the weather report. Staff feels the City can achieve 10-15 % on water use. Mayor McArthur indicated that the Washington County Economic Development Committee (WCEDC) had come to the City and asked if there was any way they could help in these efforts. He asked Scott Hirschi to speak to this item. Scott Hirschi told the Council that the WCEDC met last week to discuss the rate study at length and proposed to pay for an analysis of the Alpha Study to see if there are any other avenues to pursue besides a rate increase. Council Members, Wayne McArthur and Ross Hurst all agreed that they would welcome the analysis if it were done in a timely manner. It was decided the analysis would be complete by July 1, 2001. Council Member Gardner expressed his feeling that while this is a problem the City would rather not deal with, it has to be done and the City is looking for answers from all sources and is not defending any particular study. He also indicated that conservation has been on the minds of the people of St. George for 140 years. It is not something new, it is just that now something must be done about it. Council Member Whatcott told those present that the City is open to any additional viable options. Hearing no further comment, Mayor McArthur called for a motion. Council Member Whatcott made a motion to authorize the Washington County Economic Development Committee to underwrite an analysis of the City’s rate structure proposal done by Alpha Engineering to be completed by July 1, 2001. Council Member Isom seconded the motion and it passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye STAFF REPORTS 72-hour Liquor Permit Bob Nicholson asked the Council to consider a request for a 72-hour liquor permit for a Utah National Guard Convention at the Dixie Center on April 27 and 28, 2001. Council Members observed that there had been no problems with the convention in the past. Council Member Isom made a motion that a 72-hour liquor permit be issued to the Utah National Guard for their Convention at the Dixie Center on April 27-28, 2001. Council Member Orton seconded and the motion passed unanimously as follows: St. George City Council Minutes April 19, 2001 Page Ten Council Member Whatcott Aye Council Member Orton Aye Council Member Isom Aye Council Member Allen Aye Council Member Gardner Aye Fee Waiver - Southwest Center Prevention Services Event at Worthen Park Bob Nicholson asked the Council to consider a request to waive the fee for the use of Worthen Park for an event sponsored by the Southwest Center Prevention Services on May 3, 2001. Staff has recommended approval. Council Member Gardner made a motion to approve a fee waiver for the Southwest Center Prevention Services event at Worthen Park on May 3, 2001. Council Member Orton seconded and the vote passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit Extension - Valor Hall School Bob Nicholson asked that Council consider an extension of a Conditional Use Permit for the Valor Hall School in Green Valley. He said that on February 17, 2000 the City Council approved a trailer as a temporary classroom at the Valor Hall School located at the old Green Valley Golf Course until the clubhouse building could be remodeled. At the end of the one year period, staff gave notice to Valor Hall that the modular unit had to be removed and set April1, 2001 as the deadline. The school’s owners are now requesting an extension until mid-July to remove the modular unit. The applicants have not done any remodeling of the clubhouse and are currently looking for a new site for the school. Richard Downer, applicant, told Council Members that the clubhouse was too run down to be remodeled within their budget. They began looking for a new site last summer. They thought they had reached an agreement for a site near I-15 at an athletic club. After many months, the deal fell through and they are left with the task of finding another place. They would like to finish the school year in the present quarters and have asked for an extension of their Conditional Use Permit until July 15, 2001. Council Member Isom indicated she was not satisfied that the applicant had done all that was possible to secure a new site, but for the sake of not disrupting the children, she felt the permit should be extended. Council Member Gardner made a motion to grant the Conditional Use Permit extension until July 15, 2001. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Mobile Catering License - Fun Cin’drome Bob Nicholson asked that the Council consider approval of a mobile catering license for Fun Cin’drome, Richard St. John, applicant. Mr. St. John indicated that this would be an ice cream truck. It will follow set routes from 10 a.m. to 6 p.m., six days a week. Council Member Isom made a motion to approve the mobile catering license for - Fun Cin’drome with the provision that staff ensure a background check is done and that Mr. St. John submit truck routes before commencing operation. Council Member Whatcott seconded and the motion passed unanimously as follows: St. George City Council Minutes April 19, 2001 Page Eleven Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Airport Use Agreement - Aero West Mayor McArthur asked that Council approve a use agreement for AeroWest as approved by the Airport Advisory Board. Council Member Isom made a motion to approve the airport use agreement for Aerowest as approved by the Airport Advisory Board. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Hangar Lease - USA Flight Net, Inc. Mayor McArthur asked that Council approve an application for an 80’ x 100’ hangar to be built between taxiways A and B, Dan Smith, applicant. Council Member Isom made a motion to approve a hangar lease for USA Flight Net, Inc. to build an 80’ by 100’ hangar between taxiways A& B for $.015 per sq ft. Council Member seconded the motion and it passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Isom Aye Council Member Allen Aye Council Member Gardner Aye Professional Services Agreement - Main/Tabernacle Roundabout Aron Baker asked that Council approve an agreement with Sear Brown Group for $37,965 to design a roundabout for the Tabernacle/Main Street intersection. Council Members asked if a roundabout would fit in this intersection. Mr. Baker said he is comfortable that it will fit, but that is one of the things the design will show. He said it was more expensive to design a roundabout than a traffic signal because with a roundabout you must deal with utilities, drainage, pavement, and ground work, but because there is a signal one block north and one block south, a roundabout would be a more viable alternative. Council Members asked how much it would cost to build. Mr. Baker said approximately $100,000, if there were no drainage problems, etc. to deal with. Council Members asked if pedestrians are safer in a roundabout or signal situation. Mr. Baker felt there was probably not much difference. Council Member Isom made a motion that Council approve a professional services agreement with Sear Brown Group for $37,965 to design a roundabout for the Tabernacle/Main Street intersection. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Isom Aye Council Member Allen Aye Council Member Gardner Aye Walmart Roundabout Council Members asked Mr. Baker about the Walmart roundabout in Bloomington. He told them that it has to be finished before the Walmart Store can open. Council Members asked if the road St. George City Council Minutes April 19, 2001 Page Twelve would be open during construction. Mr. Baker indicated it may be closed some nights between midnight and 4:00 a.m. River Road Rebid Council Members asked about the River Road rebid. Mr. Baker told those present that the project had been rebid because a lot of work was added. The contract calls for 110 working days to complete. St. George Traffic Signal Cameras Mr. Baker was asked what the cameras are for on the traffic signals. He told Council Members that the cameras take the place of the loops that used to be put in the ground to control the signals. These cameras will eventually allow staff to see a problem at a traffic light and fix it from the office. Sunset/Bluff Intersection - Mr. Baker told Council Member that this UDOT project is within two months of being complete. It will take longer than originally thought because UDOT has agreed to replace a storm drain from City Creek that is in very poor shape. He indicated he would probably have to ask for a change order at a later date. Snow Canyon Parkway Signal - Mr. Baker told the Council that this is one signal in a five signal package that UDOT will be installing (three in Cedar City, one at Snow Canyon Parkway and one in Santa Clara). They have agreed to begin with the St. George and Santa Clara signals first. He indicated there will be warning lights placed further up U-18 to warn traffic of the signal. Miscellaneous - Mr. Baker told Council Members that the businesses at 300 North Bluff have requested approval from City staff to shift their driveway alignment to line up with the 300 North signalized corridor. He indicated staff has approved their request. Professional Services Agreement - 3050 East Storm Drain Jay Sandberg asked Council Members to consider approval of a professional services agreement with Alpha Engineering in the amount of $139,487 to design and engineer a storm drain at 3050 East and the roadway at 750 North. Council Member Isom made a motion to approve a professional services agreement with Alpha Engineering in the amount of $139,487 to design and engineer a storm drain at 3050 East and the roadway at 750 North. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Allen Aye Council Member Isom Aye Council Member Gardner Aye Council Member Orton Aye Council Member Whatcott Aye Engineering Contract - Extend Irrigation Line to Snow Park Jay Sandberg asked that Council consider approval of an engineering contract with Alpha Engineering for $37,184, to replace a 24" irrigation line from River Road to the Snow Park Irrigation pond. The anticipated cost of the project is $355,256. Mr. Sandberg indicated that this project began with an emergency situation, but now staff would like to finish it because the old line on 900 south breaks frequently and puts the irrigation system at risk. Council Member Gardner made a motion to approve an engineering contract with Alpha Engineering for $37,184, to design a replacement for a 24" irrigation line from River Road to the Snow Park Irrigation pond. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Whatcott Aye Council Member Orton Aye Council Member Isom Aye Council Member Allen Aye Council Member Gardner Aye St. George City Council Minutes April 19, 2001 Page Thirteen Building Permit - Single Family Home Near Ruesch Machine Mayor McArthur asked that Council consider a request from Ron Stout to construct a single family home on his family’s property located northwest of Ruesh Machine. This parcel is part of a large, potentially developable area. There are several concerns, primarily concurrency issues, as well as whether this becomes a subdivision and whether or not the subdivision requirements can be waived to facilitate this single family home. Ron Read is working on an agreement which would spell out responsibilities for all parties. Jonathan Wright and Jay Sandberg told Council that the issues had been worked out and the issue probably did not need to come before Council after all. Council took no action, but indicated they would, at a later date, if further problems arose. Appointments to Boards and Commissions Mayor McArthur asked that Council consider approval of the appointment of Lisa Banks and John Pied to the Arts Commission. Council Member Allen made a motion to approve appointment of Lisa Banks and John Pied to the Arts Commission. Council Member Gardner seconded and the motion passed unanimously. Country Lane Estates South Marc Fonger asked that the Council consider a request to authorize the Mayor to sign the final plat of Country Lane Estates South, a Santa Clara subdivision. Council Member asked why they were approving an abandonment in a Santa Clara Subdivision. Mr. Fonger indicated that a City of St. George easement for irrigation, water, power, etc. runs through the subdvision. They want to move it to the stree...


Frequent Questions:
How does the City Power Company communicate information on power outages? The City Power Company has a Twitter accounts that provide information on power outages.  You can follow the SGESD at @sgcity.power


City Council Minutes 03/08/2001:
...change could be made part of that package. JOINT MEETING WITH WATER AND POWER BOARD: Water Rate Changes. Water and Power Director Wayne McArthur advised staff recommends a phase-in of a water rate increases which should be based on the median water bill rather than the average water bill. George Spencer of Alpha Engineering reviewed a packet of materials entitled Replacement Pages for City of St. George Water and Power Development Impact Fee and Rate Studies, a copy of which is attached hereto as Exhibit "A." He explained the recommended impact fees are based on total build-out based on what is needed in the future. Water and Power Board Chairman Ross Hurst explained the Water Department is solvent right now, but the increase is needed because two build-outs are needed and $81,000,000 must be generated in order to build the facilities. Water and Power Director Wayne McArthur explained the Water Department is simply trying to raise revenue so it can bond for the $81,000,000. Finance Director Phil Peterson advised that the Water Department is making money now, but there is still a deficit in its cash position because it started out with a $3,000,000-$4,000,000 cash deficit and is still down $1,000,000 in cash. Councilmember Whatcott commented the proposed water rate increase is an increase of three times the current rate and asks locals to shoulder the costs so that new people can move to St. George. Deputy Director of Water and Power Phil Solomon advised that the average cost of 1,000 gallons of water in Utah is $1.42, and the City of St. George is below that. Mayor McArthur advised that the average water bill in Utah is $27. Water and Power Director Wayne McArthur advised the City is drilling three more wells in Gunlock and transmission of that water will provide 3,000 gallons a minute more for the west side of St. George this summer. If water from the West City Springs is used, it will be two to three summers more before a major project is needed. City Manager Gary Esplin commented that the City was in a unique position because the City does not need all the water it develops for year-round use, but only for a few months in the summer. However, if conservation is practiced, there will not be enough revenue to pay the bonds. The longer the City can wait, the bigger the population base will be to draw from and the easier it will be to sell the rate structure. Water and Power Director Wayne McArthur advised a decision is needed so the plan can be implemented July 1. Mr. Spencer advised the proposed base fee for water (See Exhibit "B" attached hereto) is based on doubling the City’s current impact fees. If impact fees are not doubled, the proposed new base fee will not be high enough. Councilmember Whatcott inquired if weather was taken into consideration in the study. Mr. Spencer replied that the study took into consideration weather data based on wet years. In a dry year, the proposed figures would be too low. Facilities are based on the same wet years. He advised that snowbirds were also taken into account. Mayor McArthur inquired about other communities tying into the system. He advised the Washington County Water Conservancy District is pushing for the Quail Creek facility to treat the water for all Washington County communities. Mr. Spencer advised this was also taken in consideration. Councilmember Gardner expressed concern about double taxation as everyone pays a percentage of taxes to the Conservancy District, and for the same purpose huge impact fees are paid to the City. He inquired if this was taken into consideration in the study. Water and Power Director Wayne McArthur advised that construction of reservoirs was not included in the impact fee study as the Conservancy District develops water resources and the City simply treats the water and delivers it. He advised that water from the Sand Hollow Reservoir will flow to Quail Creek and the size of the treatment plant will have to be doubled. Mayor McArthur suggested the matter be scheduled for a public hearing, and information provided concerning what is currently in the water budget, and what will happen if additional revenue is not generated. However, right now the Water Department is generating funds, and a rate increase is hard to sell when the Department is operating in the black. City Manager Gary Esplin advised that the amount generated is not enough to pay for the bonds, and the bottom line is how fast the City will grow and who will pay for the cost of the water long term. Conservation will result in revenue loss, but conservation is critical in order to get through the summer. Water and Power Board Chairman Ross Hurst commented that the Water and Power Board’s job is to try and project into the future, and the community will continue to grow and max out facilities. The City is well-served today because of bold decisions made in the past with regard to water development. Water and Power Board Member Craig Booth advised that no municipality has ever shown a greater than 8% conservation rate over a two year period, and right now St. George’s water usage is almost twice what Tucson’s is. Conservation Officer. City Manager Gary Esplin requested authorization to hire a full-time Water and Power Conservation Officer. He advised the program will be self-sustaining. George Spencer advised that the only effective method to force conservation of water is a rate increase. Water and Power Director Wayne McArthur advised the Conservation Officer’s salary would be in the range of $33,000-$41,000. It is anticipated he or she will be used for providing public information, instituting efficiency programs, carrying out management policy, handling high bill complaints, performing walk-through water and power audits to provide an analysis to increase efficiency, and will work with the schools in education. City Manager Gary Esplin advised the Conservation Officer will sit in on development meetings and suggest alternatives and develop models to encourage homebuilders and developers to incorporate water conservation programs. He or she would also visit every City facility and develop a plan for reducing grass areas thereby reducing water consumption. Water and Power Director Wayne McArthur advised the Conservation Officer will also attend Water and Power Board meetings, and will be under his jurisdiction. Telecommunications. Water and Power Board Chairman Ross Hurst distributed a hand-out, attached hereto as Exhibit "C," and asked that it be read. Water and Power Director Wayne McArthur advised that Mary Lamar Schaefer, Marketing Director for Provo Power, would like to give a briefing to City officials on their telecommunications program. It was the consensus of those present to schedule a public meeting and invite all internet, telephone, and cable TV companies to attend. Water and Power Board Member Craig Booth advised that preliminary studies show that the program can be supported with 30% participation, but Board Members did not want to spend more money on the study unless the City Council is in favor of it. ADJOURN TO EXECUTIVE SESSION: A motion was made by Councilmember Gardner and seconded by Councilmember Isom to adjourn to an executive session to discuss possible litigation. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Councilmember Allen and seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Isom - aye Councilmember Orton - aye The vote was unanimous and the motion carried. Power Rate Changes. Water and Power Director Wayne McArthur advised staff would like to implement the power cost adjustment of 1.77? per kilowatt hour across the board effective June 1. This would be a seasonal rate adjustment for four months only. It is recommended, however, there be a slight increase year-round, as well as a significantly increased impact fee. Water and Power Board Chairman Ross Hurst advised other power generating resources will be examined, such as wind generation, so that the City is not dependent on one single source of power. ADJOURN: The meeting adjourned at 6: 45 p.m. ____________...


City Council Minutes 11/09/2000:
... TREATMENT PLANT: Mayor McArthur explained this was a difficult year for power everywhere, and up until this past summer the City has not needed to run the diesel generators at the wastewater treatment plant. He explained the three reasons the generators were located there: (1) to act as a second source of power for the wastewater treatment plant in case of a shut-down; (2) to boost voltage on the west side of town; and (3) to shave peaks if needed so as not to charge power users a higher rate. This past summer the City had to pay $3,000,000 from its reserves in order to meet the high cost of power, and this increase was not passed along to users. Councilmember Gardner commented it was fortunate the City had the reserve fund to use, and the City chose to absorb the loss rather than pass it along to the consumers. Even with use of the diesel generators, the City still lost approximately $1,000,000 a month during the summer, and without them, the loss would have been much greater. Mayor McArthur commented the City is trying to purchase more firm power so the diesel generators will only have to be used as in the past. The intent of the City is not to have to use them all the time, but to use them to supplement when needed. Councilmember Gardner commented that according to the chart distributed by Wayne McArthur, use of the diesel generators saved the City almost $800,000. If they were used more, the City could have saved an additional $500,000, but in deference to the neighborhood, they were not. He commented when discussions were held concerning their placement at the wastewater treatment plant, it was his understanding they would be placed behind a hill and out of sight. He did not realize they had been placed on top of a hill. Teresa Olsen explained she lived directly behind the generators. She advised Wayne McArthur informed her the entire power industry has changed, and if there is another hot, dry summer, the generators will have to be used again. She showed a video of the generators and advised they have been running 10-12 hours a day from May to September. She read minutes from a meeting held in 1997 and advised that residents were assured the generators would be used for emergency back-up only and rarely run. A permit has been obtained by the City to run the generators up to 1,358 hours a year which equates to 8 hours a day for 5-6 months, but a permit could have been obtained for 500 hours. According to the state, air quality tests or environmental impact studies are not required because the plant is so small, but portable monitoring is required once a year. Concern has been expressed at neighborhood meetings about soot that has to be cleaned from pools from the generators. She advised a majority of the power generated by the generators is being sold to Hurricane and Washington to decrease their power rates and is not benefitting St. George. The big issues are noise, pollution, and the impact on property and resale values. She suggested the generators be relocated to an industrial area. She advised she was in possession of a petition signed by 120 residents of Bloomington in favor of relocation of the generators. Jim Slemboski advised he moved to Bloomington last year and lives in the house closest to the plant. He expressed concern with the integrity of the political and government system when addressing community concerns. He complimented Mayor McArthur for being responsive to complaints concerning odor. He advised the generators are especially troubling as economic issues are involved, and the Bloomington community understood the generators were to be used as an emergency supplemental power source only and not as an economic enterprise. The community was not told the generators would be an economic resource for the City and power sold to other communities. He advised it was difficult to have peaceful, enjoyable use of his property, and the noise level is louder that depicted in the video. The noise can be heard from inside his home, and up to one mile away. He suggested that the enterprise might constitute a taking, and use and enjoyment of his property is being diminished for the benefit of government and economic interests. He advised the conditional use granted for the generators should have related to anticipated use of the facility, and as the use has changed, more review should be done. He suggested ways to address the problem, such as mufflers and filters. Teresa Olsen responded that this type of diesel engine cannot be modified, and can only be regulated by how much it is run. A low nitrogen oxide filter could be installed, but it would be extremely expensive, perhaps even more expensive than relocating the generators. Mr. Slemboski inquired if the generators were really an efficient process for producing power and if all costs had been factored in. He commented he wanted to trust elected officials that when they say something it will be done, and citizens expect it will be respected and adhered to. Byron McLeese advised he has lived in Bloomington since 1970, and in 1997 at the time of placement of the diesel engines at the wastewater treatment plant, he was Chairman of the Bloomington Community Council. He advised at that time residents of Bloomington expressed concern with noise, pollution, and unsightliness of the engines. The matter was discussed, and the City made certain assurances, which were capsulized in a letter from Wayne McArthur to him. During construction, Mr. McArthur contacted him to advise the smokestacks would have to be raised 14", which made him believe the City cared about the residents. Mr. McLeese advised the letter states the purpose of the diesel engines is purely for emergencies and they would not be operated more than 150 hours per year, and the berm would shield the actual facility and be sufficient to hide the physical plant as well as minimize noise. Contamination was not an issue because the plant would only be run for a few hours. At that time a permit had not been obtained, but he was assured a permit would be obtained for 150 hours per year only. The permit the City holds now is for 1,358 hours, which is considerably different and constitutes a brand new program. He inquired why the plant was not natural gas, and advised he was informed it was because the City had a chance to purchase the diesel engines at a good price, and since they would be used for emergencies only, natural gas was not warranted. The letter from Mr. McArthur states that if the market ever changed to the point that the engines would be operated more hours, the City would convent to natural gas. He suggested the engines be enclosed if they continue to run and be converted to natural gas, and the City honor the promises made to the neighborhood. Councilmember Gardner replied that the City Council understands the problem and wants to focus on options and solutions. He suggested several recommendations: (1) quit running the plant completely which would result in the City losing its investment; (2) screening with different materials such as dirt or evergreens; (3) use of scrubbers and mufflers; (4) move the generators to a new location; or (5) enclosing them. He advised the City is willing to look at all option to find a solution. He suggested that staff return with recommendations and costs in order to make a decision. City Manager Gary Esplin advised staff was not prepared to make a presentation tonight, and suggested another meeting be held at a later date. Garrett Bangerter commented that a berm may hide the physical facility, but the smoke and particulates cannot be hidden. He advised the definition of an "emergency" would be 2-4 days, not four months, and as the demand for power increases, a lack of planning on the City’s part does not constitute an emergency for Bloomington residents. He suggested the best option for resolving the problem is relocation, or cutting back on use of the generators to emergency use only. Councilmember Gardner advised the City is being aggressive in trying to locate other sources of firm power. Byron McLeese advised another option would be to leave the plant like it is and operate it only 150 hours per year. Water and Power Director Wayne McArthur advised it would take staff 30-60 days to determine costs for each option, and by then the City should also know if it is successful in its bid in the Resource 2000 project. He advised this award of bid would be the ultimate solution and would supply enough firm power for the City to enable it to return to the previous use of the generators. This issue will again be discussed at the first work meeting in January. Councilmember Isom inquired of Water and Power Director Wayne McArthur if until the first of the year the City could abide by its original agreement for use of the generators. Mr. McArthur replied the generators are very economical to run and the plan is to economically dispatch the plant because of the cost involved. Washington, Hurricane, and Santa Clara are also owners in the plant and receive power from the plant. UAMPS makes the decision to turn the generators on based upon recommendations of the local cities. Councilmember Gardner inquired, for sake of clarification, if the generators would be running until the first of the year. Mr. McArthur replied that they would be running. Mayor McArthur added the generators were used to shave peaks, winter or summer, but the intent is to not be continuous. Doug Fife commented that a contract was a contract, and the generators should only be run 150 hours per year. Teresa Olsen replied the conditional use permit contained no hourly stipulation. Councilmember Gardner advised the City of St. George owns 85% of the plant and receives 85% of the benefit, the same ratio as the 138kV line coming from Central. City Manager Gary Esplin advised the 138kV Committee is actually the entity who makes the decision on operation of the plant, and that Committee is made up of representatives from St. George, Washington, Santa Clara, and Hurricane. When UAMPS advises the City to turn the power on, it buys that power from UAMPS through a pooling agreement. The City knows what it costs to buy power on the market and what it costs to run the plant, and running the plant can save money. An economic emergency is still an emergency because of the high cost of summer power and the spot market, and the plant will be run until direction is received from the City Council to not run it. DISCUSSION RE POLICY ISSUES WITH SUHBA: The meeting continued in the administration conference room. Carol Sapp, Executive Officer of the Southern Utah Homebuilders Association, reviewed outstanding policy issues and advised she wanted to add the issue of modified curbs. Rick Rosenberg advised field trips were taken with several Councilmembers, and out of 30 cars parked along modified curbs, only two were actually parked on the curb or sidewalk. He advised that even on the narrowest of streets, there is enough room to feel comfortable and the curb is abrupt enough to know when you drive up over it. He advised that homebuilders want to reduce the high cost of waste from high-back curb cuts and are requesting the ability to use modified curbs with a sidewalk or planter next to it in areas of low traffic on residential access streets, and not streets which are a thoroughfare to another neighborhood. With regard to the thickness of sidewalks, 4" is adequate if the base is properly prepared and the subgrade is good. In any event, the thickness would not be less than 4". Councilmember Whatcott inquired for clarification purposes if Mr. Rosenberg was requesting a minimum standard of 4", with a geo tech deciding if additional thickness was needed. Mr. Rosenberg replied that was correct, and commented that most sidewalk failures are base-related. Linda Kirkpatrick advised that currently the City’s Encroachment Officer has to inspect every curb cut, and use of a modified curb would save the City this time. Councilmember Gardner commented he found the modified curbs appealing as they provided a continuous flow throughout the neighborhood and they drew traffic to the outer edge of the asphalt to park. Assistant City Engineer Jay Sandberg advised he did not know modified curbs were going to be discussed, and advised that many other cities had discontinued use of modified curbs as people tended to park on them. He advised that other cities who discontinued their use did so based on safety concerns, and those cities who still allow them choose to ignore those safety concerns. He advised he would like the opportunity to take Councilmembers on a field trip, and that he did not know the City was considering placing sidewalks immediately adjacent to modified curbs. He advised City staff was opposed to this concept and suggested planter strips be required adjacent to all modified curbs. Mr. Sandberg advised that in areas with modified curbs, residents use boards and other materials to flatten out the approaches to their driveways. Ms. Sapp advised that SUHBA concurs with the City’s written policy on detention basins. She inquired if the City’s policy was to maintain planter strips on public streets greater than 66’. Mr. Esplin replied it was the City’s policy that it had the choice to maintain planter strips on streets at least 66’ wide if they were installed to City standards. However, there could be no access from the 66’ street to individual properties. Mr. Rosenberg inquired if the City would maintain a planter strip in a public subdivision that backed onto a 50’ street. Mr. Esplin replied that the City would not maintain it. Gail Maxwell requested clarification of the City’s recommendation for placing sidewalk adjacent to modified curbs. City Manager Gary Esplin replied the issue was one of safety. City Attorney Jonathan Wright advised that in addition to car doors encroaching onto sidewalks placed adjacent to a curb, so do mailboxes, which in effect reduces the actual width of the sidewalk and creates a safety problem. City Manager Gary Esplin explained staff’s position that a 5’ sidewalk be required if placed adjacent to a high back curb. If less than that is desired, a planter strip is recommended for placement between the sidewalk and curb. City Attorney Jonathan Wright advised the modern trend in land planning is to place the planter strip between the curb and sidewalk. Paul Jensen advised he would like the opportunity to use the mountable curb in his Desert Hills development. Rick Rosenberg again asked if the City would consider maintenance of a planter strip that abuts a road less than 66’ in width. City Manager Gary Esplin replied the applicant could petition the City Council for consideration. Brooks Pace commented that the City’s policy of not maintaining sewer in private roads is a double taxation issue and is not logical as there is no one in the area to perform this service and therefore they are not maintained adequately. Public Works Director Larry Bulloch advised there is someone available who will come to St. George to perform this service. Mr. Pace suggested the City maintain sewer in private developments the same as it maintains water and electrical, as the residents have already paid for the service through impact fees. Mr. Bulloch replied it would take a 10-15% rate increase to maintain sewer in private streets and would represent a 30-40% increase in infrastructure. Mr. Bulloch commented that private developments now comprise an entire segment of the community and it serves to divide the community as areas of town are not not accessible to the general public because of the private streets. Private developments have restricted access and amenities which the public cannot use. A public sewer serves the public while a private sewer system serves only one entity. He advised a line had to be drawn between public and private maintenance as rates have been established based on these definitions. If these definitions are changed, rates will have to be increased to give a credit to private entities. Gail Maxwell expressed disbelief that a 10-15% rate increase would be needed to maintain private sewer lines. City Manager Gary Esplin explained the City’s annual maintenance program includes cleaning every sewer line in the City to eliminate problems. Public Works Director Larry Bulloch explained that sewer impact fees also pay for sewage treatment and the water reuse program, and that everyone in the City has a private sewer line to maintain. City Manager Gary Esplin explained the reason the City maintains power and water lines in private subdivisions is because they are looped to the City’s system and are not closed systems like a private sewer system. Public Works Director Larry Bulloch advised private sewer systems were not being maintained properly as homeowners associations were not being advised they needed to maintain their infrastructure. To cure this the City now requires a formal notice be placed on plats that the private sewer is their responsibility. Carol Sapp inquired if private development was expected to maintain and design to the same standards as public development. She advised there have been cases in the past where creative leniency was allowed in terms of design standards, not construction standards, but now developers are being told more and more that they must meet the same standards, such as public streets. She advised the development community was losing the advantage of PDs and the ability to plan a community different from the rest. Darcy Stewart advised City staff recently instructed him that a PD has to use the same guidelines as a public subdivision. Larry Bulloch commented that the standards recently adopted by the City Council apply equally to all streets, public or private, i.e. street widths, curb and gutter, construction standards, etc. Gail Maxwell advised it was his understanding the standards recently adopted applied to public development only. Mayor McArthur clarified that construction standards are the same for private and public development, but design standards are different, such as setbacks, etc. Carol Sapp advised that construction standards have always been met and always will be, but flexibility is requested in design standards. Assistant City Engineer Jay Sandberg commented that the City’s design standards leave room for flexibility, but standards should be the same for public and private. Councilmember Gardner advised he understood the standards recently approved were for public only, and not for PD issues. Paul Jensen advised in private streets the past minimum cross section has been 25’ or 29’, and he never thought the discussion included reducing allowable right-of-way widths in PDs. Councilmember Gardner advised that issue had not been discussed, as the standards recently adopted dealt only with public streets. City Manager Gary Esplin commented the confusion arose about public street width when the Fire Chief expressed his opinion there should be no difference between public and private street widths due to safety issues. Rick Rosenberg commented there is no clarification in the City’s Subdivision Ordinance between private and public. Assistant City Engineer Jay Sandberg advised it was up to the Planning Commission and City Council, and not staff, to make certain decisions about requirements for private developments such as placement of sidewalks on both sides of the street, etc. Councilmember Whatcott suggested the same standards in effect the last ten years be applied to private developments. Public Works Director Larry Bulloch encouraged those present to attend a meeting on November 14 at 9:00 a.m. with the EPA and UDOT on the southern corridor issue. The EPA has taken the position that growth is out of control in Washington County and the southern corridor will destroy sensitive environment. Mayor McArthur requested written suggestions from the City Manager with regard to private development standards and policies, and advised that in the meantime, private development would be governed as in the past. Councilmember Gardner clarified that the City Council’s previous approval of design standards applied to public development only, and at present the status quo with regard to private development would apply. DISCUSSION CONCERNING POST OFFICE VEHICLES DRIVING ON SIDEWALKS: Mayor McArthur advised he was made aware of postal employees driving on the sidewalks. City Attorney Jonathan Wright advised postal employees and vehicles are exempt from local governmental regulations, but he will ask them not to drive on the sidewalks for liability reasons. Police vehicles are not allowed to park on sidewalks or behind them, unless in response to an emergency. REQUEST FOR WAIVER OF IMPACT FEES: Mayor McArthur advised Mont Burton requests waiver of impact fees for an office building he is constructing on former Newby Buick property located north of St. George Blvd. as he says the lot will be used for the same purpose and no impact on the system will be created. City Manager Gary Esplin advised no impact fees had ever been paid on this property, and it does create drainage issues and should help pay for those costs. City Attorney Jonathan Wright advised Mr. Burton is constructing a new building, and the City’s policy is that impact fees are due upon construction. Mayor McArthur suggested that the impact fee amount be reduced. City Manager Gary Esplin explained there is opportunity to have the impact fee cut in half if Mr. Burton will retain his drainage on his property. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss a property issue was made by Councilmember Isom. The motion was seconded by Councilmember Orton. Mayor McArthur called for a roll call vote, as follows: Councilmember Isom - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Councilmember Isom. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote as follows: Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Gardner - aye Councilmember Orton - aye The vote was unanimous and the motion carried. COMPLAINT RE CONDITION OF DESERT EDGE INN: Mayor McArthur advised he received a letter from a marathon attendee about the deplorable condition of the Desert Edge Inn. POSSIBLE APPOINTEES TO WATER AND POWER BOARD: The following names were suggested for possible appointment to the Water and Power Board: Doug Glendenning Stuart Porter David Ferguson Ross G...


Pine Valley Hydro Plant:
...ey Hydro Plant was originally constructed in 1941 and continues to provide power to St. George. The plant sat idle for a number of years (1981-1995) - but was rebuilt on the same location (7 miles north of the city on a culinary water line) and was rededicated in May 1995. The maximum output is 600 kilowatts (kW) from an induction motor that is turned by a dual nozzle Pelton Wheel Turbine. The rated flow is 10.5 cubic feet per second (CFS) which is 4712.4 gallons per minute (GPM). This type of turbine requires high pressure to be efficient and the system uses a head box two miles up the line. If there is an interruption in power, the plant is programmed to maintain water flow.


Energy Department:
...farm "SunSmart", which has a nameplate capacity of 250 KW. SGESD generates power internally at the MillCreek Gas Generation facility, which consists of two 40 MW GE LM 6000 gas turbine generator sets. SGESD also has 20 MW of diesel generation located at two locations; the Bloomington and Red Rock facilities. SGESD receives the remaining power requirements via transmission lines located throughout the state. &n...


Code Enforcement:
... is over. It is against City ordinance to post signs on City property i.e. power poles, street signs, power boxes or in City streets. Not only does this damage the property it a...


City Council Minutes 11/02/2000:
...cialties. The motion was seconded by Councilmember Gardner. Water and Power Director Wayne McArthur advised most of the meters are needed for new installations, and they are adaptable if the City adopts an automatic metering program. Mayor McArthur called for a vote, as follows: Councilmember Whatcott - aye Councimember Gardner - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous and the motion carried. APPROVE CHANGE ORDER: Consider approval of a change order for construction of the Green Valley water tank. Purchasing Agent Sue Swensen advised the change order is for additional work to be performed to the Green Valley water tank by the contractor, Stout Construction, in the amount of $26,300. The additional work will consist of installation of elbows and piping, installing pea gravel, etc. The amount of the change order will bring the total cost of the project to $346,300. A motion was made by Councilmember Orton to approve the change order in the amount of $26,300. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Gardner - aye Councilmember Isom - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a vertical turbine pump for the Water Department. City Manager Gary Esplin advised that the bid sheet provided to the Mayor and Council in their agenda packet incorrectly identified Nickerson Co. as the low bidder. In fact, none of the three lowest bidders met the actual specifications for the project, and therefore staff recommends award to Cutler Pump in the amount of $50,095.66 as the lowest responsible bidder who met the specifications. The bids received are as follows: St. George City Council Minutes November 2, 2000 Page Four Anzalone $50,500 Cutler Pump $50,095.66 Cedar Valley $46,108 Rhodes $38,006.40 Nickerson $34,273 Purchasing Agent Sue Swensen advised City staff specified a Sinflow brand turbine pump, and the three lowest bidders bid a different brand. A motion was made by Councilmember Isom to award the bid to the lowest responsible bidder who met the City’s specifications, Cutler Pump, in the amount of $50,095.66. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. Water and Power Director Wayne McArthur advised the pump will be placed in the pump house at Dixie High School, and it is important to get the right size pump and the same as located there now. RESOLUTION: Consider approval of a resolution authorizing an increased entitlement share in the Resource 2000 Project Power Sales Contract with Utah Associated Municipal Power Systems and related matters. City Manager Gary Esplin advised the City Council previously granted approval to become involved in the Resource 2000 Project and at that time the City’s allocated power limit was 60,000 kW. Additional power has become available due to some cities not needing their full share, which allows the City to increase its participation level to 82,500 kW. Staff believes this project is viable to provide long term fixed power. The City will know within the next month to six weeks if UAMPS has been successful in its bid to purchase the power plant. Councilmember Gardner commented if the City could purchase this power at a stabilized rate, it would not see as many high spikes in the summer time on power bills. Through the efforts of the City, rates were stable throughout the summer, but the City had to use $3,000,000 from its reserves to pay for increased power costs, which was not reflected in the power rates charged citizens. He made a motion to approve the resolution. The motion was seconded by Councilmember Isom. Mayor McArthur called for a roll call vote, as follows: Councilmember Gardner - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. Councilmember Isom was excused from the meeting. RECOGNIZE DONATION OF SCOREBOARD AT SAND HOLLOW AQUATIC CENTER: Recognize donation of the scoreboard at the Sand Hollow Aquatic Center. St. George City Council Minutes November 2, 2000 Page Five Tim Frei and Pam Fernley, representing the Dixie Aquatic Race Team (DART), thanked the Mayor and City Councilmembers for providing the Sand Hollow Aquatic Center, and advised all citizens benefit from its use by high school swimming programs and the World Senior Games. Mr. Frei informed the Mayor and Council that the total cost of the donated eight-line scoreboard was $21,270. He commented that in order for the SHAC to stay on the cutting edge, it should have seating for 400 and continually upgrade equipment needed to train swimmers. Councilmember Whatcott advised he recently attended a swim meet and agrees that bleachers are needed. He thanked DART members for donation of the scoreboard as it is a wonderful addition to the facility. Mr. Frei advised the cost of roll-away bleachers to seat 400 is approximately $33,000. He stated if bleachers were provided, the State championships would be held in St. George in 2002. A motion to accept the donation and schedule a discussion on the purchase of bleachers at the November 16, 2000 City Council meeting was made by Councilmember Whatcott and seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. PERMISSION TO CLOSE STREET FOR CHRISTMAS LIGHTING CEREMONY: Consider approval of a request from the LDS Church to close 300 East between 400 and 500 South on November 24, 2000 from 1:00 p.m. to 7:00 p.m. for the temple Christmas lighting ceremony. City Manager Gary Esplin advised staff recommends approval as no problems were experienced last year by the brief closure of the street for the temple Christmas lighting ceremony. A motion was made by Councilmember Allen to approve closure of a portion of 300 East between 400 and 500 South on November 24, 2000 from 1:00 p.m. to 7:00 p.m. for the temple Christmas lighting ceremony. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, a follows: Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 24, 2000, recommended public hearings be scheduled to consider (1) a zone change from Open Space to R-1-10 for an .25 acre portion of a lot to be added to the R-1-10 portion for a home located at 3763 Carribean Circle. Art Barney, applicant; and (2) an amendment of the Hillside Overlay Zone Map to include the Plantations and the Leucadia South Block Parcels. City of St. George, applicant. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: St. George City Council Minutes November 2, 2000 Page Six Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. PRELIMINARY AND FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 24, 2000, recommended approval of the preliminary and final plats for Worldmark, the Club at St. George, a three lot subdivision located east of Plantations Drive and south of the Green Valley Condos, subject to the portion of Plantations Drive being recorded and legal review regarding ingress and egress easements shown as a platted roadway. Jeff Chapman and Ron Snow are the applicants. A motion was made by Councilmember Gardner to approve the preliminary and final plats subject to the recommendations of the Planning Commission, and authorize the Mayor to sign the final plat. The motion was seconded and Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. FINAL PLAT APPROVAL: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 24, 2000, recommended approval of the final plat for Brookfield Estates Phase II with 14 single family lots located southwest of Indian Hills Drive and east of Riverwood Townhomes, provided that Lots 7, 8, 13 and 14 do not have individual access onto Indian Hills Drive. The plat has been updated with this restriction. A motion was made by Councilmember Whatcott to approve the final plat subject to the recommendations of the Planning Commission, and authorize the Mayor to sign it. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for a conditional use permit from Nextel Communications to locate communication towers at (a) the Skyline Center north of the City police building on the corner of 200 East 300 North; and (b) at Dixie College Hurst Field atop a pole with ballfield lights below the antenna. City Manager Gary Esplin advised this matter has been on two previous City Council agendas, and a field trip to the site was recently made. Staff is satisfied that the antennas can be located without creating a negative impact on surrounding areas. Councilmember Orton made a motion to approve the conditional use permit for placement of three antenna towers 8’ high on top of the Skyline Center, and for 8’ high antennas mounted around a pole at Hurst Field. The motion was seconded by Councilmember Gardner. St. George City Council Minutes November 2, 2000 Page Seven Mike Simone, representing Nextel, advised a new pole will be installed at Hurst Field for location of the antennas. Lights will be set at exactly the same height as they are now and will be programmed by a lighting company to be identical to the present lights. Mr. Simone advised he would take direction from the College on which lighting company to use. Mr. Simone indicated the poles on top of the Skyline Center would be painted to match the color of the building. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval to relocate a non-conforming billboard at the corner of Sunset Blvd. and Bluff Street. YESCO Signs, applicant. This item was removed from the agenda at the request of the applicant and will be rescheduled for the November 16, 2000 City Council meeting. Mayor McArthur invited a Scout in the audience to introduce himself. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held October 5, 2000. A motion was made by Councilmember Gardner to approve the minutes as presented. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the City Council work meeting held October 12, 2000. A motion was made by Councilmember Gardner to approve the minutes as corrected. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. Consider approval of the minutes of the regular City Council meeting held October 19, 2000. A motion was made by Councilmember Orton to approve the minutes as presented. The motion was seconded by Councilmember Gardner. Mayor McArthur called for a vote, as follows: Councilmember Orton - aye Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye St. George City Council Minutes November 2, 2000 Page Eight The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss property purchases was made by Councilmember Gardner. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote as follows: Councilmember Gardner - aye Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. WATER AND POWER BOARD CANDIDATES: Mayor McArthur asked that City Councilmembers submit lists of possible candidates for the Water and Power Board at the next meeting. GENERATOR NOISE IN BLOOMINGTON: City Manager Gary Esplin advised that noise from generators at the wastewater treatment plant will be discussed with residents of Bloomington at the November 9, 2000 City Council work meeting. He advised that as soon as the Resource 2000 Project is on line, there will not be a need to run the generators as often. Councilmember Gardner advised he was disappointed at the location of the generators, as it was his understanding they would be located behind a hill, not on top of it, and the City should have been more sensitive in its placement of the generators. Mr. Esplin advised the generators were used this summer because the City was faced with an emergency. He expressed disappointment at comments made by Bloomington residents that St. George’s emergency was not an emergency for them as they were on Dixie REA power. MEETINGS WITH WATER AND POWER BOARD: City Manager Gary Esplin advised that every fifth Thursday City Council work meeting will be a joint meeting with the Water and Power Board. EXPANSION OF COUNTY YARD: Councilmember Orton advised Cou...


City Council Minutes 05/22/2012:
...ears ago, there was no communication nor cooperation between the water and power divisions. He has had conversations with other departments and has found that departments are thinking globally as a City rather than separate entities. He said this was kudos to Mr. Barnum and other departments. Special Project Manager Scott Taylor presented a Power Point called Water Services Department which included the following topics: Cost of Production vs. Revenue, What Contributed to the Increase Cost of Production, Annual Water Purchases, 2011 Water Rates Comparison, 2011 Sewer Rater Comparison, 2011 Sewer/Water Rate Comparison, Water Distribution, Wastewater Collections, Regional WWTP, Regional Sewer Rates, Proposed Utility Rate, Proposed Rate and Fixed Cost analysis. He explained sewer rates have 2 components, each community pays a regional fee of $14.30 in addition to a community cost. St. George City charges $2.98. City Manager Gary Esplin stated with the $2.98 the City cleans sewer lines annually. Mayor Pro Tem Bunker inquired if state law determines what the funds can be used for. City Manager Gary Esplin answered it does not. He explained the City owns the plant; however 75 percent is for the City and 25 percent is for other communities. Any line that serves two communities is paid for using the reserve fund. Mr. Barnum stated the line being replaced on Riverside Drive is paid for using this fund. Councilmember Hughes asked who raises the rate for the treatment plant and does it change for all of the communities. City Manager Gary Esplin answered, the City does. He explained there is a contract that states each equivalent residential unit will pay $14.30 and each community is to charge a regional impact fee per each house built. The reserve fund is there so that the City can fund the expansion of the treatment plant when it is needed. Councilmember Almquist asked how other communities can use the reserve fund. Mr. Barnum stated the definition of a regional line paid from the fund is where ever the line enters the boundary of St. George or where ever sewage from St. George and one other community are combined. St. George City Council Minutes May 22, 2012 Page Six Mr. Taylor explained to equalize funds staff is proposing to lower the regional sewer rate to either $7.75 or $7.50 splitting the difference between water distribution and wastewater collections. Using the same five year cash flow, if the rate changes to $7.75, water distribution would still see a deficit; if the rate changes to $7.50, there would be no deficit in any of the funds. City Manager Gary Esplin stated the proposal represents good prudent budgeting. By lowering the regional sewer rate there will still be a positive balance in the other funds. If the City wanted to expand the treatment plant, the cash will be available to do so. Mr. Taylor mentioned the City will want to expand before the need for the fourth ditch that Mr. Barnum talked about since it is much easier to retro fit when there is nothing in it. Mayor McArthur returned. Mr. Taylor presented two options to the council. The first would be to keep the the current rates doing an internal transfer between the sewer and water fund. The second would be to adjust the rates as proposed: lowering the regional sewer rate from $14.30 to $7.50, increasing the wastewater collections rate from $2.98 to $3.18 and increasing the base water rate from $15.87 to $22.47. Since there would be a $6.60 increase on water and $6.60 decrease on sewer, the customer will not see an increase to their bill. City Manager Gary Esplin explained that although it is not uncommon to have an internal transfer, it is much cleaner for auditing purposes not to do so. Customers will see that their water rate has increased but may not see that the sewer rate has decreased. Mayor McArthur commented that since the Water Conservancy District gives the City water at a lesser rate, it is cheaper for the City to run it. City Manager Gary Esplin explained the City uses the base rate because water is purchased based on cost per usage and the budget is based on water sold. Mayor McArthur inquired if the decrease in the regional rate would decrease in other communities as well. City Manager Gary Esplin stated the $7.50 is based on the cost to operate the treatment plant, so yes it would reduce the rate for all communities. Councilmember Almquist stated with the economy the way it is, customers may expect both rates to increase. Councilmember Pike commented some customers may say the City has been overcharging. City Manager Gary Esplin explained the City has not been overcharging because now the City can build a new plant without having to increase the rate at that time and be able to have new facility online before it is actually needed, this would also keep cost lower as the City would avoid bonding costs and interest on debt. St. George City Council Minutes May 22, 2012 Page Seven Councilmember Hughes inquired if the rates are changed per the proposal, where does that put the City’s rate in comparison to the other cities. Mr. Taylor explained the City’s base water rate would increase to $22.47 and the other communities average for their base rate is $23.18. Councilmember Hughes stated the City is doing something good for all customers in the region in decreasing the sewer rate, but he feels the residents of the City are going to be impacted since the City is increasing the base water rate. City Manager Gary Esplin explained the City delayed the increase with the philosophy of not increasing the rate until it was necessary. Councilmember Almquist stated he understands the reserve fund if for the treatment plant, but would like to know where the funds to fix other issues come from. City Manager Gary Esplin stated the funds come from capital costs. Impact fees can be used for new lines. The five year analysis shows what will be needed to meet the needs of the City. Councilmember Bunker asked why the City does not do a 1% increase each year. City Manager Gary Esplin stated there was not a need to increase the rate. He explained a portion from each bill in the region has gone into the reserve fund to pay for a new plant. If the City had not done this, the increase would be even greater to cover the cost of getting a loan to pay for the new plant. He asked when the last water increase took place. Mr. Barnum stated that the last water increase was in 2006. City Manager Gary Esplin explained the cost for purchasing water has not gone down. He asked the Councilmembers how they would like to handle the increase. The consensus of the Councilmembers was to show the rates as they are. PRESENTATION FROM ENERGY SERVICES DEPARTMENT: Energy Services Director Phillip Solomon summarized a handout he provided to the Councilmembers named St. George Energy Services Executive Summary. Councilmember Almquist inquired what is a large commercial customer. Mr. Solomon answered a large commercial customer is anyone who demands over 60kw of power. He explained the City receives energy from different sources. Contracts are entered into to obligate the purchase of certain amounts of gas at a locked rate but the City does not pay for the gas until it is used. City Manager Gary Esplin explained his philosophy is to purchase energy resources at a fair rate acquiring enough base load to pass a fair cost onto the customer. He asked Mr. Solomon to explain what happens at the power plant. St. George City Council Minutes May 22, 2012 Page Eight Mr. Solomon stated staff looks at an annual forecast tuning into the next six months to see how much power the City has and forecast how much the City will sell. The goal is to not be exposed more than 10 percent in the market. It hurts the City to have surplus energy. He explained power traders look at the market daily and at times are doing hourly trades. Energy Resource Manager Laurie Mangum stated she is currently pricing out for October through June of next year. Mr. Solomon explained the City is a very aggressive and innovative municipal utility but at the same time has to be exposed to some changes. There have not been any coal fire plants built in the past three years. In addition, the federal government wants to mandate how one structures a resource portfolio. There is a potential for UAMPS to increase the cost of megawatt hours. If the increase takes place, the City may have to look at exploring other avenues to purchase power. City Manager Gary Esplin stated the City can go independent from UAMPS but cannot go independent of PAC. In the past, the City received credits for the power it generated. Mr. Solomon explained in addition to the increased cost, the City no longer receives the credit for the generated power. He then provided and summarized handouts and presented the Councilmembers with a Power Point presentation named Energy Rate Proposal which included the following topics: Fixed Costs, Fixed Cost Breakout (Annual), Proposed Rate Structures, Residential, Small Commercial and Large Commercial. Finance Director Philip Peterson stated the proposal looks at each customer tier to see the amount of revenue. Staff looked at 6 or 8 different scenarios. Mr. Solomon stated the first tier of power comes from the Colorado River and is the least expensive, the second tier comes from IPP power, the third tier comes from Bonanza Power. City Manager Gary Esplin explained the proposal is to increase the rate by 8% without having to increase again in the next 3 or 4 years. Although the cost of power has continued to increase, the City has not increased the rate in approximately 7 years. Councilmember Almquist inquired what would happen if a nuclear plant would come into the City. Mr. Solomon explained nuclear power is a stable, but more expensive source of power. Councilmember Pike asked if 8 percent was enough of an increase....


City Council Minutes 10/23/2001:
...agun EXCUSED: Council Member Sharon Isom ALSO PRESENT: Water and Power Board Member Ross Hurst Water and Power Board Member Marge Shakespeare Water and Power Board Member Craig Booth The invocation was offered by Scott Hirschi. DISCUSSION RE KEMP STUDY: City Manager Gary Esplin explained that he hoped a discussion of this item would help to identify differences between the Alpha Engineering and Greg Kemp studies with regard to water and power issues. Council Member Gardner commented that the more the issue is studied, the better off everyone will be, and the better able the Council will be to make the right decision. Scott Hirschi advised that he approached the City Council months ago and asked for their support of an evaluation of the rate study performed for the City by Alpha Engineering. He then presented the Mayor with a copy of the evaluation done by Kemp Burdick. Greg Kemp advised that he was hired and paid by the Washington County Economic Development Council to evaluate the study done by Alpha Engineering. He then distributed a hand-out entitled Summary of Analysis of Development Impact Fee and Rate Studies and Other Observations and Recommendations, a copy of which is attached hereto as Exhibit "A." He explained that as he became involved in evaluating the Alpha study, it became apparent that the scope of work had to be expanded beyond just examining their study. He advised that his evaluation contained many references to the Alpha study, and many dialogues took place with Alpha Engineering, as well as with City staff. He then reviewed his hand-out with those present. He explained that as the City?s capital facility plan changes, so must the City?s impact fees. City Manager Gary Esplin inquired of Mr. Kemp if his study took into account purchasing power on the open market. Mr. Kemp advised that all scenarios assume purchase of power. He advised that if power rates were increased 30%, impact fees would only have to be increased by .1%. However, an increase in both would be needed for bonding. He suggested that power be rented rather than bought. City Manager Gary Esplin inquired of Mr. Kemp how the City could protect itself from what has happened this year if it rents rather than owns power. Mr. Kemp replied that protection could be had if the quantity needed was known, and for how long. He suggested that a consultant be hired to make a recommendation. City Manager Gary Esplin commented that the issue was philosophical and one of planning. Mr. Kemp advised that as far as water, implementation of conservation will help to defer the need for more water for ten years. The trade-off, however is that it is hard to conserve yet sell enough water to pay for the bonds. Scott Hirschi advised that underwriters will be able to sell bonds based on Mr. Kemp?s assumptions of power pro forma cash flow projections. However, a detailed rate study is needed on water and power to match the cost of delivery with revenues. Water and Power Director Wayne McArthur advised that the last two pages of the Water and Power Board packet contained City staff?s comparison of the two studies. Mr. Kemp commented that the City now has an opportunity to participate in a major pipeline, which will advance the time when the City has to pay for it, but will give the City excess capacity needed for the future. Water and Power Board Member Craig Booth expressed concern that the City did not raise its rates when rates were raised throughout the western United States and would have been more readily accepted by consumers. When the City finally does raise its rates, they will have to be raised so high that consumers will have a hard time accepting them. He suggested that an incremental system for rate increases be developed and implemented immediately. Council Member Gardner advised that the City has raised water rates for the last three years, and just recently reached the end of this three year plan. Scott Hirschi advised he would provide copies of Mr. Kemp?s study to City Council and staff tomorrow. City Manager Gary Esplin suggested that there is a definite benefit in refining the capital project plan and agreeing on a ten year plan for water. However, the volatile power market makes it difficult to decide on a plan of action for power. The matter will again be scheduled for the work meeting of Novem...


City Council Minutes 01/11/2001:
...rom the diesel generators at the wastewater treatment plant. Water and Power Director Wayne McArthur advised if the City had been successful in its bid to purchase a coal fire power plant, this would have been a solution to the problem. However, the City was not successful in its bid, and therefore other alternatives have been identified. One alternative would be to build a dirt berm and plant trees on top to screen the plant at a cost of $6,000. Putting a muffler on the plant is not feasible as it would put too much back-pressure on the engines. The cost to move the plant is too difficult to determine at this time, but an estimate would be $1,000,000 to $3,000,000. Another option is to enclose the generators in a metal building and insulate and air condition it at a cost of $143,000. To switch to natural gas would cost $2,400,000. The final option of installing a scrubber on the exhaust is not feasible because at this time there is not available technology for this type of engine. Additionally, staff looked into the possibility of additives which might cut down on the emissions. He advised that at the current time the plant is operating under a state permit, and the amount of emissions per hour is within St. George City Council Minutes January 11, 2001 Page Three the parameters of the permit from the State Department of Air Quality. The City is, however, running the generators more than originally permitted for. UAMPS has applied for a variance, and it looks like the City will get the permit for the number of hours needed to operate the plant. Mr. McArthur advised that shutting down the generators would cost the City about $400,000 per month, depending on the market. City Manager Gary Esplin advised that in the entire history of the City, it has never seen such high power prices, and the City could not continue to pay those exorbitant prices, nor could it afford to pay millions of dollars to move the facility. He advised it was his opinion the high price of electricity was short term, and staff’s recommendation is to construct a building around the generators, build a berm around it to screen the plant from the neighbors to make it as compatible as possible, and try the additives which supposedly minimize pollutants while increasing the efficiency of the fuel by 40%. Marketing representatives for the additive are coming to St. George next week to let the City test the product. He advised that the City was not asking for waiver of any air quality requirements, but neither did it want to have to adhere to stricter air quality regulations than required by law. Mayor McArthur commented the City is trying the additive at no risk - if the additive does not work, the City does not have to pay for it. Mrs. Simkins asked how the City could prevent the smoke from going into her backyard. Water and Power Director Wayne McArthur replied that operating within the parameters of the State permit was the best the City could do, and the State has indicated the amount of emissions per hour is acceptable. Teresa Olsen advised she spoke with Harold Berge with the State Division of Air Quality who advised her the City was not in compliance as its permit is for 1,350 hours, and it has run over 5,000 hours by November creating four to five times more pollution than allowed. He advised her that that UAMPS had not applied for a variance or responded to the air quality notice of violation. Additionally, it may be past the time when UAMPS can even apply for a variance. If UAMPS wants to continue to run the plant, low nitrogen oxide retrofits for the engines will be required at a cost of several hundred thousand dollars per engine, and there are seven engines. City Manager Gary Esplin advised the City is aware of the pollution, but once the permit is given, UAMPS and the City will be mandated to meet the pollutant limits in the permit. The issue being addressed currently is the noise issue, as well as the City’s commitment to meet whatever requirements the State imposes, but currently the City does not know what those requirements are as it has been acting through UAMPS. Staff was simply directed by the City Council to prepare alternatives to deal with the noise issue. The reason the plant has been running in excess of its permits is because of the power crisis. Councilmember Orton advised he met with the Director of the Office of Energy who advised that every diesel generator in the State is currently running, and air quality is being monitored. Teresa Olsen advised that the issue is larger than additives, and the State does not have one test to verify what is coming out of the generators now. The City was required by the State to run an air quality test at the end of 2000, but it did not. The only test run was in April of 2000, and the City did not use any calibration equipment so the test is worthless. Mayor McArthur assured Ms. Olsen that the City will abide by whatever directive it receives from the State. St. George City Council Minutes January 11, 2001 Page Four Water and Power Director Wayne McArthur advised the smokestacks are tested once a year. A portable monitor is inserted into the stack and calibrated, and the results are sent to the State. All procedures and results are documented, and the City has not been notified of any problems. Mr. McArthur explained the City belongs to UAMPS, as does the diesel generating station, and it must work with other communities. The UAMPS attorney is setting up a meeting to discuss operation of the diesel generators, but in the meantime, UAMPS has received permission to operate the diesel engines. Mr. Esplin advised he would contact Mr. Berge with the State Division of Air Quality in the morning. Ms.Olsen inquired why the cost of moving the facility was difficult to ascertain. City Manager Gary Esplin replied that a decision first had to be made whether or not to leave the existing engines there for use as back-up, or build a new facility and buy new engines. Right now everyone in the country is trying to find diesel engines to buy, and their cost is unknown. Mr. McArthur advised the $1,000,000-$3,000,000 estimate to move the facility is only the cost of the infrastruture around the plant and does not include the engines themselves. A gentleman in the audience inquired if the City had considered selling the generators and rebuilding in a more desirable location. Councilmember Whatcott replied that if the City sold the engines, it might not be able to find any to replace them. Mr. Slemboski commented that if the generators were being used as a commercial enterprise, a problem with zoning existed, and zoning laws should also apply to the City. City Manager Gary Esplin replied that the purpose of the facility was not only to provide backup, but to regulate voltage. The engines’ use is not commercial, as the power is used by the owners. Some power may be sold, but in exchange the City receives power at other times, as the power is traded within the system. Hours of operation, however, does need to be resolved. Councilmember Isom commented that while constructing a building and building a berm is a good idea, a decision should be postponed until information has been received from the State. Councilmember Allen arrived. City Manager Gary Esplin agreed with Councilmember Isom, and commented it would be foolish to construct a building if the City could not afford to run the facility or a permit could not be obtained from the State. Staff’s intent today was simply to present alternatives for consideration, and the best cost-effective alternative is to build a building. He commented that wherever the facility is placed, it will impact someone, and that is why the State has regulations. Councilmember Gardner inquired if a conditional decision could be made depending on the outcome of the City’s discussions with the State. Mayor McArthur replied he would entertain that motion. A woman in the audience expressed concern about double tankers driving on narrow residential streets to reach the wastewater treatment plant, and their impact on the safety of children and the elderly in the area. St. George City Council Minutes January 11, 2001 Page Five A gentlemen in the audience commented it appeared the City Council was ignoring the pollution aspect of the generators. He advised he did not want St. George to become as polluted as Salt Lake City or Los Angeles. Teresa Olsen requested specifications for the building proposed to house the generators. She advised she was informed by two engineers that it would cost $500,000 to $1,000,000 to construct a building sufficient to hide the noise. Water and Power Director Wayne McArthur advised Ms. Olsen that he would provide her with the specifications. Ms. Olsen commented that use of the generators by the City was for economic reasons, not an emergency. Councilmember Gardner replied that at some point economics can become a crisis, and everyone wants utilities as cheaply as possible. In the past four months the City of St. George has expended an extra $3,000,000-$4,000,000 to purchase electricity, and that is a crisis. He stated that in his opinion, a crisis exists by looking at what the citizens of St. George would be losing and would be forced to pay without use of the generators. A gentleman in the audience advised that several residents in the area have been unable to sell their homes without dropping the price significantly. Councilmember Isom advised this is true everywhere in the county. A woman in the audience commented that the City located the wastewater facility where it did because it is out of sight, and therefore out of mind. Mayor McArthur replied the facility was located where it was because of gravity flow, and the City is trying to find the best solution it can to the problem. Councilmember Gardner assured those present the City Council has not forgotten about the issue as Councilmembers are constantly being contacted about it. A gentleman in the audience advised Bloomington residents receive their power from Dixie REA, yet the City’s facility was built in their neighborhood. He expressed concern about the weight of the tankers which cross the Man O War bridge, and advised that most residents of the area are aware of the traffic and diesel fumes created by the tanker trucks. A gentleman in the audience commented that because operation of the plant saves so much money, the cost of relocating it would be paid for in a short time. City Manager Gary Esplin replied that would be true if the plant were operated 365 days a year, but currently the City is only running the plant when the cost of electricity it produces is less than that on the market. Currently the market rate is $.07-$.08 per kilowatt hour, while the City has traditionally been paying $.02 per kilowatt hour. The City did not think it would ever have to run the diesel plants to save money, but he anticipated the cost of power would eventually come down. He advised running the diesel plants was not a long term solution, and the City needed to purchase a big block of power, which it is trying to do through UAMPS. Mayor McArthur advised the City’s goal is not to run the plant, and the only reason it is running now is because of the current power situation. Councilmember Whatcott commented that while he understood the concerns of the Bloomington residents, every neighborhood in the City has some sort of situation they are unhappy with. He expressed assurance that the City Council was trying to remedy the situation, but in the meantime it was running the generators because of the crisis situation. St. George City Council Minutes January 11, 2001 Page Six A woman in the audience inquired if the City would accept liability for any accident caused by a tanker truck. Mayor McArthur replied that the City could increase its traffic enforcement, but could not accept any liability. A woman in the audience inquired if the City anticipated a reduction in the need for power considering all the growth in the City. Mayor McArthur replied th...


City Council Minutes 04/25/2002:
...e City Manager, advised that he would make his recommendation to Water and Power Director Wayne McArthur who would then make a recommendation to the City Council. From a public relations standpoint, it is staff's feeling that the City should support the Governor in his request for water conservation throughout the State of Utah. The public is also wondering why the City is not mandating water conservation. Council Member Allen suggested a different water rate system be used to reward those who conserve water while penalizing those who waste water by paying a higher rate. A financial carrot is what makes people conserve. She also explained that she hears a complaint daily about the City watering its parks and golf courses in the middle of the day. She inquired if it would be possible to water at night only. City Manager Gary Esplin replied that the City's system cannot water all the facilities with irrigation water during night time hours only. However, the City should be watering at night whenever possible. He explained that the City's Conservation Committee will be recommending a fee schedule for water. Additionally, information should be disseminated to the public so those who criticize the City's golf courses can be informed about the revenue they generate to pay bonds, etc., and their impact on the hotels, motels, and shops. Golf courses are not just recreation, but economic development, and they affect the economy. Council Member Orton suggested that the public be educated through use of the newspaper and radio on the importance of water conservation, and the economic impact of golf courses on the local economy. St. George City Council Minutes April 25, 2002 Page Four Council Member Allen commented a citizen inquired why he should conserve when he is being billed for a 5,000 gallon minimum each month. City Manager Gary Esplin replied that this 5,000 gallons is used up by indoor water use, and the minimum used to be 15,000 gallons a month. Council Member Whatcott commented that it would be impossible to quantify the number of people who moved to St. George because of the many golf courses. PRESENTATION FROM UAMPS: Water and Power Director Wayne McArthur introduced Doug Hunter from UAMPS and advised he would explain the current status of some of UAMPS' programs and answer any questions. There has been a lot of concern about deregulation of the industry and the volatility of the market and how this impacts the City. Mr. Hunter distributed copies of a power point presentation entitled Cost Recovery Charge, attached hereto as Exhibit "A" and reviewed it with those present. After the presentation, Council Member Whatcott inquired of Mr. Hunter who authorized the subscription of power. Mr. Hunter replied it was done after input from members. He explained that this input is requested in the winter so power can be purchased in February and March when the cost is at its lowest point in the year. This year Caterpillar and Cummings sold mobile diesel generators to a number of cities who therefore did not subscribe. UAMPS realized they were not getting the subscriptions needed and found someone to buy the power. Council Member Whatcott stated that the City purchased some of those mobile diesel generators, and he found it hard to believe that its Power Department would recommend purchasing them after UAMPS had purchased power at a high rate. The City did not subscribe to some of the expensive power, yet it was also stuck with the 5.5 million dollar debacle. He stated that a letter from UAMPS stated that some budgeting reduction should eliminate pressure on the need to increase rates, yet the City's Power Department lost $12.5 million in the last year. He requested an explanation of the statement in the letter. Mr. Hunter replied that he took the budget for the upcoming years and reduced all costs to take pressure off the situation and reduce the budget. Council Member Whatcott inquired why the principal was not being paid down so that interest could be reduced as well. He inquired if there were a prepayment penalty. Mr. Hunter replied that there was not a monetary prepayment penalty, but the payment is not yet due, and can only be made on certain dates. The Board will make the decision when to make the payment. Council Member Whatcott commented that in reading the letter and listening to the presentation, he did not hear anything about mistakes made by UAMPS, as basically everything was attributed to being out of the control of UAMPS, and no one at UAMPS was taking responsibility for what has happened. St. George City Council Minutes April 25, 2002 Page Five Mr. Hunter advised that UAMPS acted prudently given the information it had at the time, and it did all it could to alleviate the situation. However, if he had it to do all over again, he would do it different. Council Member Whatcott commented the lack of subscription was not out of the control of UAMPS. Mr. Hunter replied that UAMPS followed its normal procedure. Council Member Whatcott commented that the error of judgment was very expensive and questioned Mr. Hunter's assertion that UAMPS acted prudently. He questioned whether the risk factor was considered when playing with city funds in a volatile market and if a risk analysis was performed before purchasing the power. Mr. Hunter replied that UAMPS used a forward curve to analyze power prices, and looked at what prices would be if UAMPS did not buy forward in the summer and just a day or hour ahead. An analysis was performed, as well as a detailed loan analysis on what was available. It normally takes somewhere up to 30 days to get the subscriptions in, and in the time frame UAMPS was looking at, there were a number of people to buy the power. However, it just sat there, and he takes the blame. In the future he would just sell it. By taking it back to the Board, this caused a ten day delay and the market fell out. Council Member Whatcott commented that the City has taken a huge hit that it will feel for at least the next five years at a minimum, and when these situations happen, everyone conserves. He questioned if UAMPS was giving any wage increases in this time of a money crunch. Mr. Hunter replied that there were no wage increases, as they were not in the budget. However, he received an increase because he was offered another job but the Board wanted to retain him. The matter was discussed in executive sessions, and he was not present. Mr. Whatcott replied in that event, he would have a discussion with the City's Water and Power Department. Council Member Allen inquired if new procedures or safeguards had been implemented. Mr. Hunter replied that he would vote for non-purchase until someone comes to them, and he would not buy any power on the market to subscribe as has been done in the past. JOINT...


City Council Minutes 07/15/2004:
...carried. WAPA CONTRACT AMENDMENT: Consider approval of a Western Area Power Administration contract amendment. City Manager Gary Esplin explained that last year projected energy rates were discussed. At that time the City was aware that its contract amount would be reduced by 28% and took that into account when the rate schedule was figured. This agreement will initiate that reduction due to the drought. Council Member Whatcott commented that as discussed by the City Council and Water and Power Board, the City pays the same price as before, and the rate did not go up. However, the City will be receiving only 72% of the power it used to get because water levels are way down and could get worse. City Manager Gary Esplin stated the City would be replacing power with power from Deseret and others. MOTION: A motion was made by Council Member Orton to approve the contract amendment. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur inquired of Mr. Solomon how much power the City has contracted for and what its total power usage is. Energy Services Director Phil Solomon replied that the City?s resource team meets on a monthly basis to try and keep its exposure to the market to less than 10%. The majority of this summer the City has been taking approximately 40 MW from Deseret, 20 MW from the Colorado River Storage Project, 16 MW from San Juan, and during peak hours, is receiving Payson power. Idaho and Hunter are secured resources. This week the generators have been run for four to five hours because it was cheaper to run them than to purchase power on the open market. The City purchased insurance in the event DGT trips off and the City has to go out on the market. The highest load peak so far this summer was 138 MW. Council Member Whatcott commented that in the past UAMPS has sold the City all its power, but in the last few months staff has taken over the responsibility of purchasing power and the expertise of staff has gone up greatly, saving the City hundreds of thousands of dollars each month. St. George City Council Minutes July 15, 2004 Page Six Mr. Solomon stated that as volatile as the market is, staff?s goal is to try and honor the current rates. He stated that the City has taken advantage of the WAPA program and has taken it when needed because its prices are better than the UAMPS pool. DEVELOPMENT AGREEMENT: Consider approval of the Augustus Point development agreement. City Manager Gary Esplin explained that the trail currently is close to the road on Snow Canyon Parkway in the area of Augustus Point because at the time of its development the City could not obtain an easement from the property owner. The trail was built on a temporary basis, knowing that it would eventually be moved back to where it should be located. An agreement has been worked out with the developer of Augustus Point which states that he is making a property donation for the trail and will be able to take a tax write-off. The City agrees to construct the trail, and its cost will include landscaping and maintenance of the median and landscaping up to the trail. MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC DEFENDER CONTRACT: Consider approval of a Public Defender Contract with LaMar J. Winward. City Attorney Shawn Guzman explained that LaMar Winward has been the Public Defender for a number of years and does a good job in that capacity. He has not received an increase to his contract for a number of years, and he recommended a 10% increase. The increase would result in a contract amount of $21,120. MOTION: A motion was made by Council Member Whatcott to approve the contract. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ALLOCATION OF CDBG FUNDS: Consider allocation of funds for eligible projects in the Community Development Block Grant Program. City Manager Gary Esplin explained that the City can allocate only 15% to non-profit organizations which may not be housing related. The recommendations for allocation are as follows: $50,000 for Color Country Community Housing One home for Habitat for Humanity Allocation of funds to Dixie Care and Share for architectural and engineering costs Purchase of one Meals on Wheels Truck He commented that this would leave $15,000 - $20,000 for the City?s own project, or it could leave the funds in place to use on other projects. MOTION: A motion was made by by Council Member Bunker to allocate CDBG funds as recommended by the City Manager. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT FOR WARRANT SERVICE: Consider approval of an agreement with Washington County for warrant service. City Attorney Shawn Guzman explained that there are a large number of outstanding warrants from the Justice Court. The Police Department has hired two new officers to take care of warrants. There has been a good response to the program, and a lot of people are paying their outstanding fines. The agreement provides that Washington County will pay the City $50.00 for every person who responds to the letter or web site, with a maximum of $100.00 for multiple warrants. If an arrest is made, the County will pay the City $50.00. The program has been successful and officers have been serving warrants every day. He advised that it is anticipated advertisement for a new Justice Court judge will go out in August, but it will be October before a new judge will be available full-time. The County has invited the City to sit on the selection panel. St. George City Council Minutes July 15, 2004 Page Seven MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING: Public hearing to receive public comment concerning the Draft Project Area Plan for the Ft. Pierce Economic Development Project Area No. 3. MOTION: A motion was made by Council Member Whatcott to hold a joint public hearing with the St. George Neighborhood Redevelopment Agency. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Randy Sant explained that the public hearing had been advertised for 30 days, and property owners and taxing entities in the project area and within 300' were notified by letter as required by State statute and the Utah Redevelopment Act. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. RECONVENE CITY COUNCIL MEETING: MOTION: A motion was made by Council Member Orton to reconvene City Council meeting. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. ORDINANCE: Consider approval of an ordinance adopting the Ft. Pierce Economic Development Project Area No. 3 Plan, as approved by the St. George City Redevelopment Agency, as the official economic development plan for the Ft. Pierce Economic Development Project Area No. 3, and directing that the required notice of the adoption be given as set forth in the Utah Redevelopment Agencies Act. MOTION: A motion was made by Council Member Whatcott to approve the ordinance. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Randy Sant commented that as soon as the ordinance is published, a 60 day challenge period begins, as required by law. A recording statement will also be prepared and notices will be sent to taxing districts that the project area and plan have been adopted. Scott Hirschi, Washington County Economic Development Director, stated that this 3rd project area was needed, and others will follow because of the success of the first two project areas. There is a great deal of interest in the Ft. Pierce Industrial Park generated through the ability of the City and RDA to offer incentives through the property tax increment. SET PUBLIC HEARINGS: Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held July 13, 2004, recommended that public hearings be scheduled for August 5, 2004 at 5:00 p.m., or any date thereafter, to consider the following items: 1. A request to vacate Lots 2 and 19 of the Ft. Pierce Industrial Park Subdivision located at 3850 South and 1700 East. Mark Burgess, applicant. 2. A request to vacate the Paragon Cove Townhomes at Stone Cliff - Phase I plat in order to replace it with an amended plat located at Paragon Drive and Stone Canyon Drive. Gail Maxwell, agent 3. A zone change request from Open Space to Planned Development Residential to be included as part of the Sun River PD on 29.458 acres located at approximately 1300 W. Bluegrass Way. Darcy Stewart/SITLA, applicants. St. George City Council Minutes July 15, 2004 Page Eight 4. A request to amend the City of St. George General Plan - Street Master Plan in the Southgate Valley area west of Tonaquint Drive to upgrade 2070 South Street from a 60 foot right-of-way to a minor collector road with a 66 foot right-of-way, and reduce the street right-of-way from 66 feet to 60 feet for the proposed street going west from Tonaquint Drive which aligns with Upper Sir Monte Drive, which extends east from Tonaquint Drive. Ed Burgess, applicant. MOTION: A motion was made by Council Member Orton to schedule the public hearings for August 5 at 5:00 p.m. as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Associate Planner Mark Bradley reported that the Planning Commission, at its meeting held July 13, 2004, recommended approval of the following final plats: 1. Tonaquint Condominiums West subject to the vacation of Lot 3 being recorded. 2. Wailea Falls at Stonebridge Phase 2. 3. Road dedication plat for 1470 East 170 South. 4. Sun River St. George Phase 4. 5. Skyhawk Townhomes 6. Monterey at Stonebridge Phase 3 7. Road dedication plat for Hidden Valley Drive 8. Hidden Valley Townhomes, Phases 1,2,3,4,5,6,7,8 9. The Inn of Entrada Council Member Whatcott commented it appeared the Wailea Falls at Stonebridge Phase 2 project was moving dirt and building up a large hill, yet they have not finished the landscaping on the first phase as promised. He commented he did not feel good about approving the final plat when they had not lived up to their commitment on the first phase. Associate Planner Mark Bradley commented that the grading was complete for pads in Phase 2. City Manager Gary Esplin commented there was no question approval was given to do the project; the question is the line established between the golf course and their project. The City allowed them to use extra property if they landscaped it, and the landscape was supposed to be finished as part of Phase 1. Not all stipulations placed on the Phase 1 plat have been met. He suggested approval of the plat for Phase 2 be tabled until the meeting of August 5. Mr. Bradley commented that staff would support this action, and will be ready to address the matter at the August 5 meeting. MOTION: A motion to approve the final plats and authorize the Mayor to sign them, with the exception of the plat of Wailea Falls at Stonebridge Phase 2, and subject to the recommendations of the Planning Commission, was made by Council Member Bunker. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. TABLE FINAL PLAT: MOTION: A motion to table action on the final plat for Wailea Falls at Stonebridge Phase 2 was made by Council Member Whatcott. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a detached addition to the Abbey Inn at 1129 South Bluff with a height up to 45'6" to the roof peak. Assistant Planner Ray Snyder explained that the applicants propose a 24 room three story building to a height of 45' 6" which will include a banquet room. 24 parking spaces are required. The Planning Commission recommended approval, but was concerned about only one parking space per room. The applicant advised that the intent of the banquet room is for use by hotel guests, and therefore additional parking is not St. George City Council Minutes July 15, 2004 Page Nine needed. The City Code requires one parking space for every 35 sq. ft. of meeting room space in hotels, but does not address banquet rooms. In the past parking has been evaluated on a room basis, not banquet space basis. Shane Wittwer, representing Abbey Inn, explained that the new banquet room would be in addition to the current banquet room. The existing banquet room will, however, lose some of its area for office space. The banquet room is used typically in the day when hotel guests are not using the parking spaces. The banquet room will be able to accommodate 250 at the maximum. Mayor McArthur inquired if the parking lot had ever been full. Mr. Wittwer replied that it has never been full, but in that event, the Abbey Inn has an agreement with the adjacent eye doctors to use some of their parking spaces, but have never had to do this. The Abbey Inn also allows adjacent hotels to use its parking spaces. MOTION: A motion was made by Council Member Orton to approve the conditional use permit. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a low volume medical office in a landmark site at 190 South 100 East. Dr. Mike Symond, applicant. This item was tabled at the applicant?s request. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a Masonic Lodge in an R-2 zone located at the intersection of 1990 East and Mall Drive. Assistant Planner Ray Snyder explained that the applicant?s conditional use permit was approved twice previously and has expired. The project being presented at this meeting looks totally different. The same colors, however, will be used as originally presented. The Planning Commission questioned having only 21 parking spaces when there will be 66 seats in the building, but recommended approval subject to the following conditions: 1. The applicant shall provide a signed, notarized copy of a development agreement for additional road right-of-way as required by the City Engineering Dept. 2. The applicant shall provide a copy of a signed, notarized reciprocal access agreement for a shared driveway. 3. The reciprocal access agreement shall be reviewed and approved by the City Attorney. 4. Any significant changes to the site plan as presented to the City Council on July 15, 2004 will require further review by the City Council. Minor changes as determined by the Planning Director may be made at staff level. 5. Compliance with all applicant federal, state, county and city regulations or requirements. 6. Any significant changes to the building elevations as presented to the City Council on July 15, 2004 will require further review by the City Council. Minor changes as determined by the Planning Director may be made at staff level. The elevations shall include construction materials and approved colors. 7. A photometric plan shall be submitted to demonstrate that on-site lighting will not create off-site light and glare. 8. Construction plans shall be approved by the Engineering Dept., Building Dept., and Fire Dept. prior to the issuance of a building permit, and no construction activity shall occur until such time. 9. Separate permits shall be obtained for road encroachment, sewer hook-up, water hook-up, grading, retaining walls, building construction, and signage. 10. The landscape plan shall demonstrate the use of drought tolerant materials complimented with a drip system to conserve water use. 11. All required and approved landscaping shall be installed prior to the issuance of a certificate of occupancy and release of utilities. The landscape plan shall show plant size, species, and irrigation materials for City Forester review and approval. Dean Rein, representing the Masons, explained that the Masonic Lodge accepted a bid today for construction of the facility. A three to four month project is anticipated from the start of construction, including the deceleration lane which is being developed by the adjacent student housing project. All other items including the parking lot, curb, gutter, sidewalk, and street improvements are included. St. George City Council Minutes July 15, 2004 Page Ten MOTION: A motion was made by Council Member Orton to approve the conditional use permit subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a 69/138 KV overhead electrical transmission line to connect the River Road substation on Riverside Drive to the Quail Creek substation located in the Washington Fields near 3000 East Street. Assistant Planner Ray Snyder explained that the Planning Commission originally heard this item in late April, but neighboring property owners opposed a portion of the proposed route. The applicant is now back with a new proposal. There has been no opposition to the new line location, and the Planning Commission recommended approval subject to any conditions the City Council may require. Council Member Bunker questioned why the line could not be underground. Mr. Snyder replied it was because of the cost involved and training and manpower needed for maintenance of a line that large in the ground. Council Member Bunker commented that the poles were unattractive. Mr. Snyder explained that there will be steel poles where the line turns. The line connects two electrical substations. Council Member Whatcott inquired if the City could potentially have the same problem it currently has on Red Cliffs Drive and the poles at some time in the future may need to be moved to accommodate another lane of traffic. Energy Director Phil Solomon replied that the City will make the poles as aesthetically pleasing as possible, but the City?s current policy is that it does not bury lines with a voltage greater than 15 KV. It is not economically feasible to do so and requires a lot more equipment and training of personnel to install this size of voltage underground. Usually only cities with a massive density, such as New York or San Francisco, bury lines with this voltage. The current right-of-way has been expanded as far as possible, unless more right-of-way is taken from adjacent property owners. The poles are being placed according to the new master planned road down Riverside Drive. Mayor McArthur inquired if the poles would be placed behind the sidewalk. Mr. Solomon replied that this was the plan, but things change. The power line is a joint project with Dixie REA to back each other up. Dixie REA will assume responsibility for the line once it crosses the river. Council Member Whatcott commented that it was obvious it was not designed to follow the shortest distance between two points in a straight line. Mr. Solomon replied that a straight line would not work as far as maintenance of the right-of-way. The ultimate master plan includes building the line to 138 KV all the way to the Millcreek Industrial Park with a potential generator located there some day. MOTION: A motion was made by Council Member Whatcott to approve the conditional use permit. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr. Solomon advised that construction of this line was contingent upon negotiations with Pacificorp with regard to transmission issues to the north. If there is a snafu, the line will be delayed. He advised the City Council that the City should be okay this summer and most of 2005 with regard to energy, but there was some concern about 2006. All the energy entities in Southern Utah are working on a contingency plan to keep the power on and a lot of progress has been made. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held June 17, 2004. St. George City Council Minutes July 15, 2004 Page Eleven MOTION: A motion was made by Council Member Whatcott to approve the minutes as amended. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. Consider approval of the minutes of the City Council work meeting held June 24, 2004. MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ADJOURN TO EXECUTIVE SESSION: MOTION: A motion was made by Council Member Whatcott to adjourn to an executive session to discuss litigation and property purchases. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye The vote was unanimous and the motion carried. RECONVENE: MOTION: A motion to reconvene was made by Council Member Whatcott. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. MISCELLANEOUS DISCUSSIONS: River Road Retaining Walls. City Manager Gary Esplin advised that River Road property owners are complaining about the road being higher than their properties from the REA substation around the corner at Brigham Road. Public Works Director Larry Bulloch explained that $68,000 from the project can be deleted because the engineer designed $150,000 worth of retaining structures to retain the road from falling into the adjacent properties. City staff asked them to review the project, and they now say they can eliminate $68,000 and put privacy walls all the way down the back of the lots, repairing as needed, or tearing down and building new walls, for $41,000 the entire distance. He stated he would issue a change order for this work. City Manager Gary Esplin advised it would be a reduction to the project cost. Tonaquint Drive Golf Course Crossing. City Manager Gary Esplin inquired of the City Council their wishes with regard to the possible closing of the Tonaquint Drive golf course crossing. He suggested that the bridge be closed, but not torn down, in case a back-up connection is needed to Dixie Drive in future years. Report on Water and Power Board Meeting. Council Member Whatcott reported on a recent Water and Power Board meeting, with issues discussed including a request from the AOP...


Planning Commission Minutes 12/10/2013:
...r this area and Staff recommends approval. *Craig Harvey explained the PowerPoint pictures showing the proposed change area.* Chairman Ron Bracken opened the item to the public. Jason Wright (citizen – Mountain Ledge Drive): “I oppose the re-zoning. This is not part of Meadow Valley Estates. The Village has to have half acre lots per your advice. My concern is that it not part of Meadow Valley so it should stay at the .5 that it already is as you have advised The Village. I believe it will bring more value to our area. There is a lot of development in this area so the .5 acres will be better than the 12.500 that is proposed. My preference is keeping it at the .5 acres as that will do better justice for us and be more congruent with the advice you’ve given nearby developments.” Brant Ross (citizen - Mountain Ledge Drive): “My primary concern is that Meadow Valley Phase 4 was approved with no thought toward transportation issues in the area. This property is bordered by the Little Valley Fields. There are terrain issues on the South access. To add entrances on Little Valley I think is a tricky thing. Before we increase density in this area there needs to be some process for the platting process to consider transportation issues. The issue of having safe streets for the neighborhood does require planning. I haven’t seen it for Little Valley and I have no confidence that transportation will be considered for this project. Ty Newman (citizen - Mountain Ledge Drive): I second what the two gentlemen have said. I would like the neighborhood to stay zoned as is. Zach Renstrom (Bush & Gudgell representative): “This is compliant with the master plan. The zoning complies. We did try to match the bigger lots and stay consistent. People are concerned about traffic – the next phase of Meadow Valley will punch out to Little Valley Road. We are working with the other developer to have access with them. City of St. George is also looking at improvement. We’ve been working with Cameron Cutler to coordinate the development. We will have to improve Little Valley Road when we develop that area. That whole west side of the road will be approved for additional traffic. There is concern about kids walking through the old farm. One thing we are looking at is punching through a walking trail from Meadow Valley Estates to the existing path to the park.” Chairman Ron Bracken closed the item to the public and opened the item to the commissioners. There were no further questions or comments. MOTION Commissioner Nathan Fisher made a motion to recommend approval of Item 2 on the agenda. Commissioner Ross Taylor seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. 3. ZONE CHANGE AMENDMENT (ZCA) - PUBLIC HEARINGS (5:00 P.M.) A. Consider a request for a zone change amendment to the Planned Development Zone for “Mesa Palms Phase 5” on 5.925 acres located just north of Beehive Homes at the intersection of Mesa Palms Drive and Tonaquint Drive. The requested amendment to the planned development is to allow for development of 54 units to be built on the property rather than the approved 23 units. The owner and applicant is Mr. Kent Heideman of Professional Interchange Properties and the representative is Mr. Tyler Hoskins of Southwest Consulting Services. Case No. 2013-ZCA-019 (Staff – Craig H.) Staff Comments: The General Plan was changed from LDR (Low-Density Residential) to MDR (Medium Density Residential, up to 9 du/ac) by the St. George City Council on November 19, 2009. Adjacent Zones: North: R-1-8 (Single-Family Residential) East: R-1-10 (Single-Family Residential) South: PD-RES (Planned Development Residential) West: R-1-10 (Single-Family Residential) Project: This is a proposal to build 54 units on the 5.925 acre parcel. The project will consist of five 8-unit buildings, three 4-unit buildings and one 2-unit building. A majority of the project will have underground parking as part of the design. The 8-plex units are to the south and are 2 story buildings. The 4-plex and duplex are single story. The density is right at 9 units. Parking: The applicant is providing 120 underground parking spaces for the 8-plex buildings and 8 spaces for the park. The project will have 108 parking spaces for the residents and 48 spaces for guests for a total of 156 parking spaces. As per the Ord. 10-19-4(A)(4) one guest parking space is required for every three units. 18 spaces are required, 48 spaces are provided. Landscaping: The applicant will need to comply with the Landscape Ordinance (Ord. 10-25). As part of the geotech report they will have to go with low water landscaping because of the soil conditions. Recreational Area: The applicant is required to provide at least 0.24 acres (10,800 sq. ft.) of designated recreational space. The applicant is proposing to provide 13,988 sq. ft. of recreational space. Narrative: As per ordinance a written text is required and they have provided that. Streets: Mesa Palms Drive on the West side of the property is a Public Road. The two interior roads are already approved as private streets and are not changing for this proposed zoning amendment Building Heights: The five eight-plex buildings will be two stories and have a height of 35 feet to the top of the hip roof. The other building will be single story units right around 20 feet. Elevations: The single story will look similar to the four-plex units. The duplex unit will be similar to the renderings on the wall. Staff Comments: The applicant has submitted a colored site plan, colored elevations and a color materials board as required. The project was previously approved for 23 single-family units. Because of soil issues (blue clay) the applicant and the applicant’s consultant has determined the single family units are not financially feasible and would significantly increase the building costs of each home due to the blue clay mitigation requirements. Multi-family units would spread out the cost of the mitigation and the building footprints would be relatively smaller for the number of units proposed. Although the MDR (Medium-Density Residential) designation of the property allows up to 9 units per acre, that does not always indicate that 9 units per acre is appropriate for every parcel of land. The General plan designation for the surrounding/adjacent parcels is LDR (Low-Density Residential). The Planning Commission should scrutinize this project and determine if the 9 units per acre, as proposed, is justified. Due to the soil conditions and mitigation issues involved on this project, they could be a possible reason of justification for approval. Motion Options: Option #1: Recommend Approval as proposed Option #2: Table to allow the applicant to provide any further information as deemed necessary or required by the Planning Commission. Option #3: Recommend Denial as proposed The applicant is here if you have any questions. Chairman Ron Bracken opened the item to the public. Commissioner Ross Taylor pointed out that this request exceeds the allotted 9 units per acre density limit. He questioned if it is appropriate to act on a project that we know is outside of the limit. He indicated that because it exceeds the limit it would have to be adjusted. Tyler Hoskins (applicant) explained that when they originally looked at the property it was viewed as being 6 acres. We didn’t realize it was 5.9. We were too far along in the process to go back. We recognize that we are a tad bit over. I think we can remedy that by taking one duplex out. So we would have the 8-plexes and 4-plexes. We can easily do that as it is our problem. We would take the duplex out to remedy that. Commissioner Ross Taylor added that there is not a problem with the project just the density. *Tyler Hoskins handed out a cross section diagram to Planning Commissioners and staff* Hoskins explained the hand out stating that the images are what you will see looking across from the properties that are already up there. We want to make sure we’re not infringing on that view. Our roof lines are below the existing line. There is some obstruction from the 8-plex for a few lots. Commissioner Ross Taylor asked what the dark bar on the second page was. 27:00:00 Tyler Hoskins responded: “We’re proposing to have two pickle ball courts with a landscape area and path to the playground. Craig mentioned that we’re going to have underground parking so the access comes down from the road similar to the units out at Sunbrook. We’ve graded it so there will be venting and access from the road for the underground parking. The northern properties will have driveways so there’s no underground parking on those. We also have guest parking available. There is also a cul-de-sac there for emergency vehicles. The city is looking at completing Mesa Palms Drive.” Commissioner Ron Read questioned if the underground parking is completely enclosed or if it would have windows. Tyler Hoskins answered stating that there will be windows in some of the underground parking. Some grades will allow us to put the windows but not all of them. The buildings are 35’ from the top of the rough to the finish grade. Then we’re going to go down about 5’ so we can punch some windows in the back side. Chairman Ron Bracken asked if the elevations will be a bit different. Tyler Hoskins responded yes, it will be opened and vented with natural sunlight. The other neat thing is that there will be an elevator near the staircase on at least one building. The other buildings won’t have the elevators yet but we will leave the space for it. In terms of landscaping and the blue clay; there are quite a few homes that are moving out there. Our plan is to minimize the water and zero-scape where we can and make sure we can line and cap the water. We’ll use shrubs and decorative rock. Deputy City Attorney Paula Houston asked the applicant if there is covered parking for the other units or just driveways. Tyler Hoskins responded that they are just driveways but they also have garages. Commissioner Nathan Fisher asked if the elevation is uniform throughout. Tyler Hoskins responded no, the worst case scenario is the cross section shown. Tyler explained the stepped walls that will be put up. Commissioner Nathan Fisher then asked if the southern building would stand out more. Tyler Hoskins responded that if you look at the site plan you can see where the walls extend. There is 16’ elevation difference between the lot and the unit. Commissioner Nathan Fisher asked if the unit is the 8-plex. Tyler Hoskins conceded yes, the 8-plext will stand out a little more. Commissioner Nathan Fisher asked if the elevation of the second building would be similar or higher. Tyler Hoskins responded that the second sheet is a worst case scenario for elevations. 34:45:00 Commissioner Ross Taylor asked what the possibility of trading the pickle ball for the second unit is. Tyler Hoskins responded that there is too much of a grade difference there. There’s a 6’ wall there to try to get the courts level. It works better with the site plan to put it where it is because of the grades. Commissioner Ross Taylor posed a question to the applicant asking; if I were in lot 16 and 17 what would I want you to do? Tyler Hoskins responded stating that hopefully those lot owners are here to tell us. By the way we’ve met with most of the owners there and the consensus seemed to be that they were in favor of the project. What we heard from them was support. Commissioner Nathan Fisher asked if there were designated areas for refuse. Tyler Hoskins responded that there’s one double refuse with a block wall and then the driveway units will have their own. There is room for additional dumpsters if we need them. Deputy City Attorney Paula Houston asked if this new layout has kept the same layout for the roads and utilities. Tyler Hoskins responded that yes, it does. We can go test the sewer that is already there but we decided to start over. Michael Eager (citizen - lot 14) stated: we are elated to have the property developed. It will reduce dust and tumbleweeds. We’re happy with it. We invested there because of the view. We’ve reviewed what the applicant has shown and there’s no way that they will obstruct our view. Chairman Ron Bracken closed the item to the public and opened the item to the commission. There were no further comments from the commissioners. MOTION Commissioner Ross Taylor made a motion to approve the proposed zone change with the stipulation that they meet the standard of no more than 9 units per acre which is the maximum allotted medium density residential. Commissioner Julie Hullinger seconded the motion. Discussion on the motion: Chairman Ron Bracken stated that this is a zone change amendment so they will have to come back showing the design. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. B. Consider a request for a zone change amendment to the Planned Development Zone for “Sunbrook Ranch” to add “RV Storage” to the list of permitted uses, and to revise the conceptual site development plan. The site is on 11.37 acres located at 415 South Dixie Drive. The changes to the conceptual site development plan also reflect the lot split separating the rear 6 acres. The owner and applicant is Mr. Marv Blosch. Case No. 2013-ZCA-018 (Staff – Bob N.) **Deputy City Attorney Paula Houston stepped away at 5:44 pm** Staff Comments: The current zoning is PD-C and PD-R. The back 6 acres is separated as they are separate owners and that is part of the change tonight. **Deputy City Attorney Paula Houston returned at 5:47 pm** The site consists of the existing commercial/warehouse building on approximately 6 acres, and a proposed senior living housing complex with 136 units located on about 5.3 acres which is between Dixie Drive and the commercial/ warehouse building. One significant change is the request to add RV Storage to the list of permitted uses on the north side of the property. Senior housing on the original plan was connected to the warehouse and is now detached as independent living units for seniors that have their own kitchens. The number of units would be 136 and would utilize the same design that was originally approved. They have a near term plan and a long term plan which all depends on the rear 6 acres owned by a separate entity. As long as it is vacant, access to that rear property would be through the parking lot. If they develop the parking lot would be modified to give the property access. The original plan had a right in and right out only with a decel lane and that is still true on this plan. The warehouse building has had multiple uses. It was approved for a wide variety of uses. The original approval list is in your packet. *Bob explained the graphics and the site plan* The changes in the PD zone is the addition of the RV storage on the north side, the lot split making the back 6 acres no longer a part of the project, the senior housing units as 3 and 4 story buildings. Dixie Drive is higher than the property so the height elevation will be moderated that way. There are 136 senior housing units, the original approval was to have .7 parking per unit and they’re staying with that. There are 226 parking spaces currently. The existing allowed uses require 173 including the housing parking. There are approximately 53 spaces with the exception of 46 for RV parking leaving 7 extra if all of those things are approved. If this builds out according to the long term plan there are 268 required - 95 for housing and 173 for the warehouse. The applicant is aware that at the point the vacant lot develops the permitted uses in the warehouse will need to be modified to fit the parking. Chairman Ron Bracken asked if the road on the long term plan will take away parking and if so if those calculations were reflected in the numbers given. Bob Nicholson answered that part of their future analysis is that when the houses are developed the permitted uses will have to be adjusted. Chairman Ron Bracken clarified asking if the permitted uses and housing development will be adjusted at the same time. Bob Nicholson responded that it will be adjusted with the building permits. There is also a letter from the applicant in your packet. Chairman Ron Bracken opened the item to the public. Marv Blosch (applicant): “This project is in transition so things like parking we are well aware we will need to make adjustments as time progresses. We are in transition with the building itself. As we are zoned PD-C and PD-R we retain some of the manufacturing uses. We gave up the onerous ones but do maintain some of the units. When we started adding self storage units they filled up so we know there is a demand for that. I project that our building will continue to add more self storage which would give us more parking in the long term. We don’t think that parking will be a big issue. We didn’t ask for RV parking in the beginning. We found that we have an excess of outdoor area right now. If we ever need the space in the future we are willing to give that up. The other factor to consider is the effect of RV parking on our neighbors. People at Mathis Park do park in our facility and they like the idea, we’re not sure about the home owners yet. We have a picture of the parking lot. Some of the RVs don’t have engines in them. They don’t go out more than a few times in the winter and then more frequently in the summer. We think RV parking works for the neighbors. It’s quiet; it’s not business oriented. Some of our other tenants use big rigs and they come in at odd hours and almost daily. I’m sure those users are in conflict with our neighbors rather than quiet RVs. As we develop over time you’ll see less of the big trucks.” Commissioner Ross Taylor commented that the excluded uses from September 2008 included truck terminals. How do you have warehousing but not a truck terminal? I think you’ve created a grey area. Marv Blosch– “You’re right. We’ve told tenants that they can’t use the parking lot for a fleet of vehicles. If you use the warehouse for storage you can deliver every once in a while. We also have U-Haul Box service that has big truck comes in stores and hauls out. We see that as compatible and not a truck terminal. It is a grey area. If you say no to RV parking we’ll find uses that will fill up the parking lot. I really think the RV parking is the way to do that. Our building is 90% full and we’re to the point that if recreational uses keep turning over we’ll switch it to storage units. We don’t have any plans today to build the front units but the new configuration is more compatible to the financial market.” Commissioner Ron Read asked if the applicant is reducing the services to the senior housing units by detaching them from the warehouse. Marv Blosch answered yes; we are changing it to an independent living rather than an assisted living. What we did in the initial plan was to provide some services in the warehouse. Today we are choosing to not have those services. So yes, we exclude them now. Commissioner Ron Read asked if that would then increase demand for parking. Marv Blosch responded no, not at all. Commissioner Ron Read asked if the trees that separate the property from the neighbors will be lost in the long term when the access to the back is put in. *Discussion of tree lines between applicant and commissioners* Response was that the trees in the islands would be lost but the other trees should stay. We have met with the city to discuss the right in right out and were told that it must remain and that both accesses are required. Chairman Ron Bracken closed the item to the public and opened the item to the commissioners. Councilmember Jimmie Hughes asked if tonight’s request is to only amend the zone to include RV parking. Marv Blosch responded that there are four things to look at. One is to recognize that the rear property has been separated. Bob Nicholson inserted that we did do a formal lot split for that three months ago. Marv Blosch continued stating that we are asking to revise the conceptual site plan. We wanted to show that we could provide the access as discussed as well as the RV parking. Deputy City Attorney Paula Houston questioned if there is sufficient parking when the road way, housing and RV parking are all at the location. Bob Nicholson stated that there will need to be a modification when the housing is put in. They will have to change the RV parking back to public parking. The 226 parking spaces would not accommodate all the potential uses. They know that and that is why it is indicated that prior to any building permits being issued the parking must be resolved. Deputy City Attorney Paula Houston pointed out that once you give them the right you cannot take it away from them in the future. Bob Nicholson countered that they have acknowledged and recognize that those 226 spaces will need to be modified in the long term. Deputy City Attorney Paula Houston asked staff if they put in all storage spaces, which don’t need as much parking, would they have enough. Bob Nicholson responded yes. It may not be that drastic but they do acknowledge it and it will go on record in the terms of uses that when housing comes on board something will change. Chairman Ron Bracken added that they will make the adjustment as the housing comes on. Deputy City Attorney Paula Houston inserted that saying they will and legally obligating them is my concern. You’re adding one more use without addressing those things at this time like the roadway. Bob Nicholson suggested that a development agreement can be drafted to solve this. Deputy City Attorney Paula Houston agreed that a development agreement would work. Commissioner Nathan Fisher sought clarification asking that today we’re only allowing a permitted use, correct? We’re not approving an amendment to the conceptual plan? Deputy City Attorney Paula Houston responded no there is a layout change too. Bob Nicholson clarified there is a modification to the site plan because the housing units are no longer connected. The modification to the site plan is relatively minor. The main thing is the RV use. Councilmember Jimmie Hughes asked if there is a time frame on the senior housing project. Marv Blosch responded no. Commissioner Nathan Fisher addressed Deputy City Attorney Paula Houston asking if we can do it this way. Doesn’t this have to be addressed as a zone change? Can it be at the stage of a building permit that we address it? Deputy City Attorney Paula Houston clarified that this is Zone Change Amendment. However, once you approve all those things we don’t have the right to stop them saying we will not issue the permit unless we have the legal documents. Chairman Ron Bracken inserted that we can recommend approval to City Council and by the time it gets there they will need to have dealt with it. Commissioner Nathan Fisher asked if we would need the legal documents before approval. Chairman Ron Bracken answered that we are only a recommending body so we can approve it and they will have to have the document in place before they get to City Council. He also pointed out that the development agreement is something between applicant and staff and that the Planning Commission does not see it. Deputy City Attorney Paula Houston confirmed that development agreements don’t go before the Planning Commission. Commissioner Nathan Fisher concluded that it should be recommended for approval with conditions. MOTION Commissioner Ron Read made a motion to recommend approval of the zone change to add RV storage and to revise the conceptual plan losing the 6 acres, change in access, moving the independent living units away from the building, with the condition that legal gets the development agreement before it goes before City Council or they make a determination that the limitation already imposed by parking would take care of it. If they have uses more than the parking they have when they come in for the building permit for the assisted living units that require .7 they should not be issued a permit for those until they have the parking for it. Motion was edited to “recommend” that one of those things takes place before it goes to City Council by Commissioner Ron Read. Commissioner Ross Taylor seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. 4. ZONING REGULATION AMENDMENTS (ZRA) - PUBLIC HEARINGS (5:00 P.M.) A. Consider a request for a zoning regulation amendment to the City Zoning Regulations, Title 10, Sections 10-10-5.K and 10-8-7.G to allow the City Council to waive the ground floor commercial requirement in mixed-use projects for buildings with obstructed visibility from the public street. The applicant is the City of St. George and the representative is Mr. Bob Nicholson. Case No. 2013-ZRA-008 (Staff – Bob N.) Staff Comments: Bob Nicholson reminded the Planning Commission that this item was at the last meeting. Chairman Ron Bracken suggested that rather than going through it all, just tell us the changes. Bob Nicholson explained: “We came upon a flaw which was thinking that all ground floors must be commercial. When we talk mixed use we’re talking in the building. Typically the ground floor is commercial and there is residential above. There has been a request to waiver that ground floor requirement for interior buildings. Buildings out on the public street we feel are appropriate to have ground floor commercial. However, interior buildings do not lend to commercial success on the ground floor. It is still a possibility but there is now the option to not. There are two factors to consider: 1. The ground floor area has poor visibility from the public street due to characteristics associated with the site, such as the building’s location in the interior of the project and is obstructed from street view by other buildings, or the ground floor area is obstructed from street view due to walls, landscaping, or other structures, and, 2. The mixed-use building is all new construction (which would take care of hotels or motels trying to remodel). The actual code language is for the C-4 zone and the PD-C. The same language would go to both. It’s a case by case basis. They would come to Planning Commission and City Council. Deputy City Attorney Paula Houston inserted that the legal department is asking that if this passes tonight it is approved subject to legal looking at it. Chairman Ron Bracken opened the item to the public. Wes Davis (Commercial Real Estate Broker and Developer): “I think a simple modification would be that major commercial fronting streets or major arterial must have commercial ground floor. I think that the modification should be major arterial roads with a certain amount of traffic would be how to fix that. Allowing flexibility would benefit the businesses downtown. I support the change to the code. Randy Wilkinson (Dixie Sun Ventures): As a property owner we support this recommendation. It appears to me that it will allow the city council to waive. It doesn’t state that they are required to waive it but that they can. We’re supportive of that and feel that this would enhance our potential projects. Chairman Ron Bracken closed the item to the public and opened the item to the commissioners. Commissioner Ron Read addressed legal stating that it seems like paragraph one is more limited than what we talked about because it’s all about obstruction. I think we should make it more flexible. Commissioner Nathan Fisher added that if this is approved Section F needs to be adjusted as well so residences don’t have the 40% glass requirement. Bob Nicholson inserted that there is a phrase in the code that that says unless there is residential. There is also a tweak with the parking requirement in the C-4 section: we suggest that all parking should be rear, side, or below grade underneath buildings or MOTION Commissioner Nathan Fisher made a motion to recommend approval to City Council of the changes suggested by staff on 4A along with the recommendation to work with legal to wordsmith section 1A with regards to visibility and perhaps expanding flexibility allowed City Council on that issue. Commissioner Ron Read seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. B. Consider a request for a zoning regulation amendment to the City Zoning Regulations, Title 10, Section 10-18-3.C to modify the corner lot fence requirements to allow a fence or wall to be built on the property line along the street side yard subject to certain standards. The applicant is the City of St. George and the representative is Mr. Bob Nicholson. Case No. 2013-ZRA-009 (Staff – Bob N.) Staff Comments: This was tabled at the last meeting. We are only talking about corner lot requirements. Bob read the proposed ordinance (new language is underlined, language to remove is struck through) Exceptions To Corner Lot Requirements: In the side setback which fronts on a public street, height up to six feet (6') is allowed provided such fence is a minimum of ten feet (10') behind the front line of the dwelling, and provided that such fence is set back at least ten feet (10') from the sidewalk for solid or opaque fences, but may be built to the property line if the portion of the fence or wall above four feet (4’) is see-through (e.g, wrought iron, or similar materials) *Bob showed examples with a power point.* We’re suggesting simplifying this and letting the fence stay in line with the house. We think this will be much more accepted by the community at large. Chairman Ron Bracken opened the item to the public. There were no public comments. Chairman Ron Bracken closed the item to the public and opened the item to the commissioners. Bob Nicholson added that the power department is asking that we add section 10-18-5 adding clearances for power equipment. That new section (10-18-5:I) would read: Clearances from Power Equipment. To promote public safety and to provide for maintenance needs of power equipment the following clearances are required for fences, walls and similar structures; 1. Five feet (5’) from pad mount transformer or 4-way vault. 2. Ten feet (10’) from the door side of pad mount switch gear, and five feet (5’) from the non-door side of the switch gear. For any questions regarding the clearance requirement around power system facilities contact either the St George City Energy Services Department, or the Dixie Escalante Power Company (for areas south of the Virgin River). They are trying to enforce these and have been. Any help we can give them would be good. Chairman Ron Bracken reopened the item to the public due to the additional information shared. No further comments were made. Chairman Ron Bracken closed the item to the public. No further comments were made by the Planning Commission. MOTION Commissioner Julie Hullinger made a motion to approve item 4B. Commissioner Ross Taylor seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None. Motion passes. 5. PRELIMINARY PLATS (PP) A. Consider approval of a preliminary plat for “Meadow Valley Estates Phase 4” a seven (7) lot residential subdivision. The applicant is Development Solutions Group and the representative is Mr. Logan Blake and Brett Burgess, Development Solutions. The property is zoned RE-12.5 (Residential Estate 12,500 square foot minimum lot size) and is located on the west side of Little Valley Road at the intersection of Mountain Ledge Drive. Case No. 2013-PP-041 (Staff – Wes J.). Staff Comments: Lots 401-403 were originally approved as a preliminary plat for Meadow Valley Estates Phase 4 in 2005. However, this preliminary plat has since expired and the applicant has added 4 additional lots. There is a road to Mountain Ledge Drive and Road A will provide future access to the Gentry property to the south. There are 2 master plan roads that come through here. There is a trail that kids use to get across the road. Last time we brought 2 options (one with cul-de-sac and one with a road through). When the subdivision was built the power lines were put in. There is a 3 phase power line that goes through. I talked to Dixie Power today about the cul-de-sac option and the cost would be $5000-#8000 to the developer for relocation. They would also be required to have a ten foot easement on the lot in the cul-de-sac. Nothing could be built in that area because it is 3 phase power. The power was something we didn’t know about and that is why it was tabled. We also want the road to go through for connectivity so they don’t have to have access only from Little Valley Road. Staff feels like the road is necessary. The master plan roads are there to provide access and connectivity to this area. *Commissioner Ross Taylor departed at 6:47 pm* The applicant is here as well as the neighbors. Chairman Ron Bracken opened the item to the public. Brett Burgess (applicant): We did talk to Dixie REA. I was directed to follow staff’s recommendation. We talked about the cul-de-sac; Dixie did express that the power pole would have to be connected there which would create the easement. One we have recently done wanted 25’ easements for vehicle access and then 35’ easements when there’s a power pole. This one is only requiring a 10’ easement. Wes felt that it was necessary to provide access to the southern property. We lost a lot to do that. If we went with the cul-de-sac we could get the 7 lots if we could eliminate the road. To create that easement they will not allow block walls. It gets tight on those corner lots. *Commissioner Ross Taylor returned at 6:50 pm* We’re stuck with a 75’ frontage with a 25’ easement on the cul-de-sac. Another question is the easement – the easement itself would have to be in the lot to maintain our lot size and the owners would need to maintain the easement. I talked to the home owners out there. They still want the cul-de-sac with the proposal to eliminate the road down. However, I have been directed to go with staff recommendation and they want to proceed. I know the neighbors want to explore the option with City Council. Brent Ross (citizen on Mountain Ledge Drive): “I work at a home office. I hear cars turning around all the time. That means people are trying to find a short cut. If the street goes through the traffic will triple with the ball fields and the senior games. Good planning would be to steer the traffic to Horseman Park and 2450 South, and Little Valley Road. To not do the cul-de-sac is to make that road a race track because that is a short cut. I see them trying to do that already. Also the road to the south is no kind of planning. That property needs to get its own arrangement for traffic. I think the traffic needs to go to Horseman Park Drive. It doesn’t make sense to put so much traffic in a neighborhood.” Commissioner Nathan Fisher asked Mr. Ross to explain where the traffic is coming from. Are they coming from Little Valley to Mountain Ledge or the round about to Little Valley, or the Knolls? Brent Ross responded that traffic related to athletics from Little Valley cutting through there. I do see other traffic. I think the main issue is people trying to get to the fields. Commissioner Nathan Fisher asked if the street above Mountain Ledge has the same issue. Brent Ross answered that the issue is people coming to and from the fields who are looking for that first road. The fact that it’s a dead end and gets a lot of traffic means there will be a lot more if it goes through. Barry Brooksby (citizen on Mountain Ledge Drive): “I am in full support of the cul-de-sac. I just want to point out that the master plan road runs north of Mountain Ledge Drive. We had great support from City Council on the cul-de-sac. This is Meadow Valley Phase 4. This vacant section has been vacant for nearly 10 years. We request that Meadow Valley Phase 4 be finished. Do the cul-de-sac and then the Gentry piece deal with access on their own. To reiterate there is a right of way for children to cross and access the school put in by the developer through the homes. There is a major issue here relative to public safety if Mountain Ledge becomes a through street. The traffic there would increase dramatically. We have kids running across Mountain Ledge to access the school and we don’t want to open this up for a public safety issue with the children. We want to continue working with the developer and want to know what it would take to make the cul-de-sac feasible and to eliminate the road to the south to allow them that lot back.” *Commissioner Ross Taylor departed at 6:57 pm* *Commissioner Ross Taylor returned at 6:58 pm* Jason Wright (citizen on Mountain Ledge Drive): I am in [agreeance] with the cul-de-sac. It is important to my family. We want to get rid of the road down to the Gentry property. I definitely prefer the cul-de-sac. Bob Nicholson added that as a general rule we have advocated more accesses not fewer. The more streets the less traffic per street. If Mountain Ledge is not a through way it puts traffic elsewhere. The more we limit these; the remaining open streets will get that traffic. Again, more connections are better. Jason Wright: I agree having access is great. 2350 E is a wider street than Mountain Ledge. 2800 S is also a wider street. Jason explained the other accesses available and concluded stating that he understands access points, but there are multiple accesses in our neighborhood. MOTION Commissioner Ron Read made a motion to recommend approval of the Preliminary Plat as stated. I think the developer looked at what we talked about last time and I’ve always been a proponent of connectivity so I approve. Commissioner Ross Taylor seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. B. Consider approval of a preliminary plat for “Maverik” a one (1) lot commercial subdivision. The applicant is Maverik Inc. and the representative is Mr. Todd Meyers, Reeve & Associates. The property is zoned PD-C (Planned Development Commercial) and is located on the northeast corner of the intersection of 1450 South and river Road. Case No. 2013-PP-043 (Staff – Wes J.). Staff Comments: Originally there was a gas and water line. The gas has been relocated. This project will relocate the water. The easements will need to be abandoned by a separate document or final plat. This land sits within the erosion and 100 year flood plain. They will have to raise the site out of that plain. They will also have to have rip rap along the south side of the Virgin River. The NRCS will bring it up to a certain level. It doesn’t fully protect the Maverik it will only go part way. The city has a trail that will sit above the NRCS. The City and Sheffield will share the cost of the erosion protection up to the 100 year flood plain elevation that will protect the Maverik, trail, bridge and River Road. Access for this will come off of 1450. They have put together an access agreement with Sheffield. They also have access off of River Road as right in and right out only. They will also put in a decel lane. Commissioner Nathan Fisher noted that generally rip rap forces the water to go to the other side. Is there something we need to do on the other side of it? Wes Jenkins responded that they’ve analyzed it and it looks like that area is undevelopable. It shouldn’t bounce it across. Commissioner Nathan Fisher asked if staff is comfortable with the traffic, speed and decel lane on River Road. Wes Jenkins answered yes, that’s why we’re only allowing a right in right out. That’s also why they’re required to put in the decel lane. Assistant City Attorney Victoria Hales asked what the access would be on 1450. Wes Jenkins showed the accesses on the map. Deputy City Attorney Paula Houston asked if you turn left into it. Commissioner Nathan Fisher asked if there will also be a center turn lane. Wes Jenkins responded that there will be because it’s a 90’ road. Commissioner Ron Read questioned if that is why they moved it further east. Wes Jenkins responded yes because there is such a build-up of traffic turning right. Commissioner Nathan Fisher added that traffic through there is really bad. Wes Jenkins conceded that yes, at certain times of the day the traffic is really bad. Deputy City Attorney Paula Houston questioned if access is on their property. Wes Jenkins responded no, it’s the agreement with Sheffield Co for cross access. MOTION Commissioner Julie Hullinger made a motion to approve item 5B. Commissioner Nathan Fisher seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion C. Consider approval of a preliminary plat for “White Rocks” a sixty-one (61) lot residential subdivision. The applicant is Development Solutions and the representative is Mr. Stacy Young and Mr. Ryan Thomas, Development Solutions. The property is zoned PD (Planned Development) and is located on the east side of SR-18 and south of the existing round-about and south of hole 9 on the Ledges golf course. Case No. 2013-PP-046 (Staff – Wes J.). Staff Comments: On the master plan that was approved for this development in Dec. 2007, the area where this subdivision is being proposed was approved for 203 units over 31.5 acres, which is a density of 6.4 dwelling units per acre. So they have lowered the request. This did come in a while back but they have changed the layout which is why we’re seeing it again. The developer is proposing to use the 45-foot roadway cross-section for the interior streets. Wes showed the various road sizes on the map. Commissioner Nathan Fisher asked if they’ll have to do the whole road. Wes Jenkins responded that he was not sure because it’s a master plan road. They’ll have to do enough to get traffic in and out safely. Commissioner Nathan Fisher asked if we will regret not having a 90’ road there as there is more development to the south of there. Wes Jenkins no, their development will extend. We believe it has the ability as a 66’ to cover the traffic. Ryan Thomas (applicant) inserted that they are going to dedicate the road as a 90’ right of way just in case it needs to be widened. It will be built as a 66’ with landscaping in the remaining area. MOTION Commissioner Ross Taylor made a motion to recommend approval of Item 5C White Rocks subdivision subject to comments at the end. Commissioner Ron Read seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. D. Consider approval of a preliminary plat for “Fieldstone Ph 1” a twenty-five (25) lot residential subdivision. The applicant is Development Solutions and the representative is Mr. Logan Blake, Development Solutions. The property is zoned R-1-12 (Single Family Residential 12,000 square foot minimum lot size) and is located south of ‘The Village at Little Valley’ along the logical extension of Crimson Ridge Drive at approximately 2350 East. Case No. 2013-PP-044 (Staff – Wes J.). Staff Comments: They are proposing to do lot size averaging. The minimum size was 10,500 sq ft. They are proposing 45’ roads. Commissioner Nathan Fisher asked if there are normally 50’ roads in there. Wes Jenkins responded yes, but the amount of homes they are serving lends to a 45’. MOTION Commissioner Nathan Fisher made a motion to recommend approval of item 5D. Commissioner Ross Taylor seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. E. Consider approval of a preliminary plat for “Fieldstone Ph 2 & 3” a fifty-six (56) lot residential subdivision. The applicant is Development Solutions and the representative is Mr. Logan Blake, Development Solutions. The Phase 2 property is zoned R-1-10 (Single Family Residential 10,000 square foot minimum lot size) and the Phase 3 property is zoned R-1-12 (Single Family Residential 12,000 square foot minimum lot size) and is located south of Little Valley Elementary School along the south side of Equestrian / Crimson Ridge Drive at approximately 2300 East. Case No. 2013-PP-045 (Staff – Wes J.). Staff Comments: These phases will be to the west of phase 1. This will also have lot size averaging. The minimum lot size was 8,480 in phase 2 and was 10,200 in phase 3. This will also have 45’ with a 50’ road running north/south. The western most road master plans as a 90’ but staff feels that a 66’ road is more appropriate. There is an A-20 property bordering there that the owner plans on maintaining as agricultural property because the erosion hazard line goes through his property. Because the western most road is a 66’ we want to limit the accesses. Staff is asking that they eliminate the access on the northern east/west road. We want that to help have a buffer between that agricultural area. They will go back and look at it to change the road. We’ll also ask for a decel lane into Crimson Ridge. Commissioner Nathan Fisher asked if there will be two access points into all three phases if they make the stated change. Wes Jenkins said that is correct. MOTION Commissioner Ron Read made a motion to recommend approval of Preliminary Plat 5E. Commissioner Julie Hullinger seconded the motion. AYES Commissioner Ross Taylor Chairman Ron Bracken Commissioner Julie Hullinger Commissioner Ron Read Commissioner Nathan Fisher NAYS None Motion passes. 6. GUEST HOUSE (GH) Consider a request for a guest house to exceed the maximum allowable floor area of four hundred square foot (400 sq. ft.) with approval from the Planning Commission. The request is for a total footprint of seven hundred square feet (700 sq. ft.). The guesthouse living space would include two bedrooms, a bathroom, living room, and a kitchenette (small sink, microwave, and under counter refrigerator). The actual living space area is proposed at 650 sq. ft. The property is located at 543 E 600 S. Mr. Dan Hoopes is the representative. Case No. 2013-GH-006. (Staff – Craig H.) Staff Comments: They are actually going to tear down the house and existing structure that is there and will rebuild a new home and the guest house as per their site plan. Under the code guest houses are allowed on properties that are 10,000 square feet or larger. The lot size of this property is 17,424 sq. ft. or 0.40 acres in size. So they can have a guest house. The ordinance that pertains to this is 10-14-23 and states: “Requests exceeding 400 sq. ft. shall be submitted to the Planning Commission for review and consideration at a regularly scheduled meeting.” The intent of the guest house ordinance is to provide a small temporary residence and not a large secondary dwelling unit. Additionally, the Guesthouse will be required to have all of its utilities come from the main dwelling. Electricity water and sewer will have to tie into the main dwelling. The applicant will be required to sign the necessary deed restriction for the guesthouse indicating that it will not be rented or leased independent of the main dwelling, prior to the issuance of the building permit. The deed restriction will be recorded with the Washington County Recorder’s office. *Craig showed the floor plan to explain the layout. He also showed the elevations and explained that the guesthouse would complement the house.* Staff recommends approval on this. As a reference the Planning Commission has approved 12000 square foot guesthouses before. Commissioner Ross Taylor asked staff what criteria there is for approval or denial. Craig Harvey responded that lot sizes are a factor. It is well under 25% of the rear lot. Commissioner Ross Taylor noted that the 400 square foot maximum was to discourage a secondary residence. I’m wondering if that’s the criteria behind this. I am aware that many casitas are used as rentals. They are already restricted per deed but they are used anyway. Craig Harvey stated that when code enforcement sees that, violation letters are sent out. Commissioner Ross Taylor stated that this creates more work for our code enforcement. I feel like the 400 square foot size limit was to discourage additional residences. Why extending it that size that dramatically would have justification? Craig Harvey invited the applicant to address that and to justify construction. Dan Hoopes (applicant) stated that basically we are 300 square feet from putting two units on there. Commissioner Ross Taylor asked why the casita is so large. Dan Hoopes responded that the client wants to use their lot. They have family coming to visit from Albuquerque so they want all the square footage they can. They want as many square feet as they can. It makes sense to have the bigger unit there for them. They’re only 300 square feet short of putting a duplex there. If the restriction is there anyway I don’t see that it makes a big difference. Deputy City Attorney Paula Houston noted that this is a problem for code enforcement. The family may not be renting them out but they will have people living in them. The bigger the more apt they are to do that; maybe not by the person who built it but by the next owner. Even if the deed restriction is there it happens. We do go after them and tell them they can’t rent them but we do deal with it often and it does create problems. Chairman Ron Bracken inserted that it looks like they want a place for extended family to stay when they visit. Craig Harvey inserted that the guest house ordinance does not put a limit on bedrooms. That is something we can look at in the future. Commissioner Nathan Fisher asked the applicant if it was stated that that two families will be coming up to stay in the guest house. Dan Hoopes responded that there is a family who lives here and there are two families who live in Albuquerque. The mother who owns the property is in a care center. Commissioner Nathan Fisher asked if the mother will live on the property. Dan Hoopes was not sure. Commissioner Nathan Fisher noted that we’re possibly creating what we’re trying to prevent. Dan Hoopes responded that the one would be a residence of some kind. Commissioner Ron Read asked what, if any, restriction there is stating that it has to be family staying in the guest house. Deputy City Attorney Paula Houston responded that there is not. Commissioner Nathan Fisher stated that the rental of houses without proper zoning and approval, not just guest houses but vacation rentals as well, is something that keeps our Code Enforcement very busy. I don’t know that penalizing the person who is trying to do the right thing and get the approvals now to prevent the next owner from using it incorrectly is the right way to go. Commissioner Ross Taylor stated that he doesn’t see that there is a penalty attached we’re just asking them to stay within the ordinance. MOTION Commissioner Ross Taylor made a motion to not approve the request that exceeds the ordinance and will deny the request for a casita of that size. Commissioner Julie Hullinger seconded the motion. Discussion on the Motion: Commissioner Nathan Fisher asked staff if there is a common size of casitas within city limits. Craig Harvey responded that casitas are common in Sunriver. However, they have a CCR that keeps it at 400 sq ft. Other casitas use the loophole of an adjoining roof to make it an addition to the house rather than a casita. Commissioner Nathan Fisher clarified, so that’s how they get around getting the larger is by attaching to the house. He then asked if this size is common. Craig Harvey responded that the last time the Planning Commission saw a request for this size was in 2009. Commissioner Ross Taylor noted that requests of this size must come before the Planning Commission and he can’t recall how many requests he has seen. Chairman Ron Bracken asked the applicant if the client is tearing down the house and rebuilding it. He also asked the distance from the house to the guesthouse. Craig Harvey responded that it is on the site plan. There is 15 feet from the car port to the casita according to plan. Chairman Ron Bracken addressed the applicant stating if you built a 15 foot thing from the car port to the casita you wouldn’t need to come here. That would solve the problem. Dan Hoopes asked if he would have to return to the Planning Commission if there was a breezeway. Chairman Ron Bracken answered no, so all you have to do is put an attachment and then you can build it. AYES Commissioner Ross Taylor Commissioner Julie Hullinger NAYS Commissioner Ron Read Commissioner Nathan Fisher Chairman Ron Bracken Motion denied. Further discussion: Commissioner Nathan Fisher stated that if that is how simple it is to have him build it than what are we solving by denying it? Perhaps we need to look at the ordinance. Chairman Ron Bracken asked the applicant if he would like to withdraw the request. MOTION Commissioner Nathan Fisher made a motion to recommend to City Council the approval for the enlarged casita beyond the maximum 400 square feet requirement. Craig Harvey inserted that the Planning Commission is the final authority on this matter. Commissioner Nathan Fisher made a motion to approve the guesthouse. Commissioner Ron Read seconded the motion with comments: I think by this lot being this big but not quite big enough for a second residence I don’t think that the guesthouse is affecting aesthetics or access. I think due to the size of the piece I’ll second it. Otherwise we might as well just say 400 feet and you can’t go over it. We can think about every time they connect power they have to come in and tell the city. Then you can monitor how lon...


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City Council Minutes 12/11/2014:
...or solar energy. This is an issue, not just for St. George, but for other power companies as well. The primary concern is that there are fixed costs associated with providing energy and how is it equitable and fair to all users to cover the costs. The City is supportive of solar power and was first to build solar panels at the Wastewater Treatment Plant. Additionally, the City believes in the concept of using solar energy. Water & Energy Conservation Coordinator Rene Fleming presented a PowerPoint presentation covering the following topics: Net Metering Policy Revision; Presentation Overview; The Process; Current Policy; Concerns; Possible Solution; How the Dollars Work; How the Metering Works; Implementation Option #1; Implementation Option #2; Other Possible Solutions; and Staff Recommendation. If the customer disconnects from the grid, they will not have service. Having the utility be the battery back-up is a real asset for the customer. Councilmember Almquist commented that he would like to make the policy fair and simple. Ms. Fleming explained that manual readings are labor intensive and the bills are not always easy to read. Suggesting they would not manually read the meters every month. In her research, she has not found capacity charges; however, she has attended workshops regarding net metering and this is something most utility companies are looking at. She does not believe that contractors will have issues, but there may be with homeowners as a capacity charge would affect their payback period. After talking with staff, it may take 3-6 months to determine a capacity charge. She will contact the eight customers who are in limbo as well as the contractors to inform them that there may be capacity charges. Mayor Pike would like to notify the customers informing them of the capacity charge. He does not feel it should take that long to come up with a charge. The consensus of the Councilmembers is to let the customers in limbo move forward and to look into a capacity charge based upon the size of the solar PV system. Councilmember Hughes commented that there is a significant investment both in installing solar and with the public utility has made seeing that there is capacity. Mayor Pike invited audience members to comment. Thomas Takach, resident, stated that he would be very upset to hear that solar customers were using the system and not paying for the energy they receive. It sounds as if a solar customer zeroes out their meter, they have not contributed anything; however, what they have done is distributed the energy to the grid which is used by their neighbor. The power company receives money from the neighbor St. George City Council Minutes December 11, 2014 Page Six who receives the power. As the City grows, the power company will need to expand its facilities. Solar is the least expensive way that power can be produced. Mayor Pike explained that the costs received from the neighbors would not cover the transmission costs. Ms. Fleming stated that would not defray a capital cost. You still need to make sure resources are available if all customers were to go off line. Angela Digiovanni, resident, asked what the connection fee to stay with the grid covers. Additionally, she would like to know how it went from getting cash incentives for going solar to charging fees. Ms. Fleming replied that the utilities department charges a connection fee to set the meter, which is paid by every customer. Currently, there is a $60 permit fee for solar which covers the cost to inspect for wiring. With regard to the cash incentives, they were offered to get more renewable resources. It was more expensive at that time than it is now. The rebate funds are depleted and the requests for solar have gone up. Gary Engelmann, resident, stated that he wished to address sell back. When someone zeroes their meter, they are selling power back at a wholesale rate and the power company is selling it to their customers at a retail rate. He asked if that profit covers transmission fees. Solar providers are an insurance policy for the power company as they can supply power to the City with the power going back into the grid. Ms. Fleming explained that the City typically buys the power back at a retail rate. With respect to solar powering the City, she can see it as a good resource; however, a home could not send their power back to the grid and power the City. TRAFFIC STUDY UPDATE: Public Works Director Cameron Cu...


City Council Minutes 12/14/2000:
...member Sharon Isom City Manager Gary Esplin ALSO PRESENT: Water and Power Board Chairman Ross Hurst Water and Power Board Member Shirl Pitchforth Planning Commission Chairman Gil Almquist Planning Commission Member Chapin Burkes OPENING: Mayor McArthur called the meeting to order and welcomed all in attendance. The invocation was offered by Councilmember Gardner. DISCUSSION WITH WATER AND POWER BOARD AND PLANNING COMMISSION: Wayne McArthur distributed Development Impact Fee and Rate Studies and reviewed the current status of water resources and plans for future short and long term development. Copies of charts distributed to supplement Mr. McArthur’s presentation are attached hereto and made a part of these minutes. He then reviewed power resources and possible sources of future generation. Water and Power Board Chairman Ross Hurst advised that the City’s power department has, up until this year, always operated in the black, but this year is running with a significant deficit and is beginning to face a crisis. Without adjustments, the Power Department will face a cash crunch. George Spencer from Alpha Engineering reviewed water rate structure and power rate structure analyses and water and power development impact fee studies, executive summaries of which are attached hereto and made a part of these minutes. Water and Power Director Wayne McArthur advised that an additional meeting was needed to answer questions after additional review and study of the materials presented. He will also provide comparison data from other communities. A brief discussion concerning a possible water conservation program took place. Water and Power Board Chairman Ross Hurst commented that Water and Power Board members feel a responsibility for the fiscal integrity of the Water and Power Department, and have tried to do as good an analysis as possible. They also have a responsibility to conduct public business as best they can and report to the City Council the information they find and receive direction. DISCUSSION RE BLOOMINGTON GENERATORS: Water and Power Director Wayne McArthur reported that the UAMPS received a notice of ...


City Council Minutes 04/07/2005:
... Western States $173,459.50 Riter Engineering $ 61,230.54 Northern Power $177,540.48 Codale Electric $187,047.00 She advised that the Riter Engineering bid was incomplete and that the second low bidder, Northern Power, who is a local vendor, was contacted to see if they would meet the low bid submitted by the non-local vendor, Western States. Northern Power agreed to meet the low bid in the amount of $173,459.50. She recommended award of the bid to Northern Power in the amount of $173,459.50. MOTION: A motion was made by Council Member Gardner to award the bid to Northern Power in the amount of $173,459.50. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes April 7, 2005 Page Two AWARD OF BID: Consider award of bid for crushing at the reuse center. Purchasing Agent Sue Swensen explained that only one bid was received - from Progressive Contracting, Inc. in the amount of $100,000. She recommended award of the bid to Progressive Contracting in an amount not to exceed $100,000 for the year. MOTION: A motion was made by Council Member Orton to award the bid to Progressive Contracting in an amount not to exceed $100,000 for the year. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for a Millcreek & Tanner ditch splitter. Purchasing Agent Sue Swensen explained that the project consisted of removing a splitter structure and replacing it with a new system. Three bids were received, as follows: Upwall Construction $92,625 Cindy Taylor Trucking $74,815 Terry Brotherson Exc. $68,750 She recommended award of the bid to the low bidder, Terry Brotherson Exc., in the amount of $68,750. She explained that a ditch splitter splits water in two different directions. Irrigation Division Manager Frank Kell explained that a ditch splitter is a measuring device, and the low bid is within the estimate. MOTION: A motion was made bye Council Member Whatcott to award the bid to Terry Brotherson Exc. in the amount of $68,750. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the annual safety sidewalk project. Purchasing Agent Sue Swensen advised that only one bid was received - from BT Builders in the amount of $35,642.47. The scope of the project is from 350 North to 450 North on the west side of Bluff Street. She explained that safety sidewalks allow for ramps for wheelchair access. MOTION: A motion was made by Council Member Gardner to award the bid to BT Builders in the amount of $35,642.47. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution authorizing the issuance and sale of not more than $19,000,000 aggregate principal amount of electric revenue bonds, Series 2005, of the City of St. George, Utah; fixing the maximum aggregate principal amount of the bonds, the maximum number of years over which the bonds may mature, the maximum interest rate which the bonds may bear, and the maximum discount from par at which the bonds may be sold; providing for the publication of a notice of bonds to be issued; providing for the running of a contest period; and related matters. City Manager Gary Esplin explained that the City is building a generation facility in the Millcreek Industrial Park and is funding the construction with in-house funds. Staff would like to proceed with issuance of bonds to take advantage of the interest rates. Approval of the resolution would allow the parameters of the bond, up to $19,000,000, to be established. MOTION: A motion was made by Council Member Gardner to approve the resolution. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye The vote was unanimous and the motion carried. St. George City Council Minutes April 7, 2005 Page Three RESOLUTION: Consider approval of a resolution abandoning a utility and drainage easement located along a portion of Lots 24 and 25 of the Parkside, Phase II Subdivision. Thomas Bunker, applicant. City Manager Gary Esplin explained that approval of the abandonment will resolve an encroachment issue which requires a lot line adjustment. The owner of the property will dedicate all necessary easements. Staff recommends approval. MOTION: A motion was made by Council Member Orton to approve the resolution. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of off-premise beer licenses for four Maverick stores. Michael Val Call, applicant. City Manager Gary Esplin explained that there has been a change in Maverick corporate officers which necessitates a new holder of the beer licenses. Mr. Call?s application has been reviewed and is in order. MOTION: A motion was made by Council Member Orton to approve the beer licenses. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. POWER MARKETING SERVICE AGREEMENT: Consider approval of a power marketing services agreement with PPM Energy. City Manager Gary Esplin explained that the agreement will help provide the City with flexibility to buy and sell power. Energy Services Director Phil Solomon explained that staff has tried to do a better job of planning its resources, and there are times when the City is short of power during certain hours and has been a captive of the UAMPS market. Staff has looked at ways to enhance the market, and PPM Energy is a company which provides these services. John Maloney, representing PPM Energy, explained that PPM is owned by Scottish Power and is a sister company to Pacificorp. PPM is a developer, trader, and holder of transmission throughout the nation, but primarily in 11 western states. The proposed agreement is a master services agreement in which PPM will offer coordination and oversight of the City?s electric schedules and act as a counter-party with the City to trade with them, and buy and sell power. PPM has access to more than local municipalities and will bring the City in contact with participating entities throughout the west at prevailing market prices. Mr. Solomon explained that the cost is fixed per megawatt hour. MOTION: A motion was made by Council Member Whatcott to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. QUIT-CLAIM PROPERTY: Consider approval to quit-claim a piece of park property to Cary Blake. City Manager Gary Esplin explained that the Blake family donated the park property to the City. A home was built adjacent to the park, and the wall has encroached on park property. Since the Blake family donated this property, staff feels the City should deed back the 3.5' x 67' piece of property as it will not disrupt the City?s plans for the park. MOTION: A motion was made by Council Member Gardner to quit-claim the property to Mr. Blake. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARING: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended that a public hearing be scheduled for May 5, 2005 at 5:00 p.m. to consider (1) an amendment to a development agreement associated with a C-2 zone St. George City Council Minutes April 7, 2005 Page Four known as the Fawson property to allow access on and off 700 West, a carwash associated with a convenience store and gas station, and review of the proposed site plan and building elevations at the southeast corner of the intersection of Bluff Street and Diagonal; and (2) a request to amend Title 10, Chapter 13, St. George City Code, to allow an alternate member of the Hillside Review Board to be appointed. MOTION: A motion was made by Council Member Orton to set the public hearing as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the final plat for Crossroad Center at McArthur Landing Phase 2 with 16 commercial units located off Riverside Drive and River Road. He explained that the applicants propose individual sales of the office spaces, and the parking lot will be completed before issuance of a Certificate of Occupancy. MOTION: A motion was made by Council Member Whatcott to approve the final plat and authorize the Mayor to sign it. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the preliminary plat for Southgate Views subject to the stipulations contained in the hillside development plans and to provide maintenance access to the retaining walls, or a combination of retaining wall type with approval by staff. MOTION: A motion was made by Council Member Orton to approve the preliminary plat subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the preliminary plat for Meadow Valley Estates Phase 4. MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat. SECOND The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the preliminary plat for Canterbury Court. Kevin Ence explained that he has agreed to install curb, gutter, sidewalk, and a section of street asphalt between this plat?s northern limits and the southern limits of the church property where an area of approximately 50' to 75' would otherwise be incomplete. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of the preliminary plat for Crimson Shadows Amended Phase I subject to (1) complying with the development agreement and deed restriction; and (2) the finished grade to have a similar grade with the adjacent properties. MOTION: A motion was made by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes April 7, 2005 Page Five HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of a hillside development permit for The Pointe at Sunbrook Phase 2 subject to the recommendations of the Hillside Review Board, as follows: (1) A preliminary grading design be provided to staff for the extension of Emeraud Drive from where the road leaves the phase; (2) a landscape plan for cuts and fills for the entire phase; and (3) determine whether the shown 40% slope near the extension of Emeraud Drive is man-made. MOTION: A motion was made by Council Member Gardner to approve the hillside development permit. Council Member Whatcott suggested that the City Council take a field trip to the site, as it was hard to get an accurate perspective of the site from the pictures presented. Mayor McArthur commented that the 40% slope was man-made. Council Member Bunker suggested the matter be tabled until a site visit could be made. MOTION WITHDRAWN: Council Member Gardner withdrew his motion. MOTION: A motion was made by Council Member Bunker to table the item until a field trip could be made to the site. SECOND The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held March 22, 2005, recommended approval of a hillside development permit for the Stone Cove Subdivision revised. Mr. Bradley explained that as discussed in a recent work meeting, as a compromise for a cut that did not comply with the construction drawings, the developer has designated ?no disturb? area to protect petroglyphs on the site. MOTION: A motion was made by Council Member Orton to approve the hillside development permit, ratifying what was discussed at the work meeting. SECOND: The motion was seconded by Council Member Whatcott. Council Member Whatcott commented that it was frustrating to have to compromise with the developer in order to get him to preserve petroglyphs which should be preserved in the first place. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a zone change from R-1-10 Single Family Residential to AP Administrative and Professional Office on one acre located on the south side of Foremaster Drive and west of 1450 East Circle. David Blake, applicant. Community Development Director Bob Nicholson explained that approval of the zone change will add one acre to the existing five acre AP zone and consist of two new buildings. The proposal is to replicate a three story building now, with a later building limited to two stories. City Manager Gary Esplin stated that the City Council has the option of requiring a traffic study, if desired. Mr. Nicholson replied that a traffic study was done for phase 1 of the project. Mayor McArthur opened the public hearing. Mr. Williams, a resident of Meadowcreek, expressed concern that the area is being over-commercialized, and he suggested cutting back the plan to one building. There being no further public comment, Mayor McArthur closed the public hearing. Community Development Director Bob Nicholson reviewed four points contained in the development agreement: (1) the height of the two buildings will be reviewed by the Planning Commission and City Council pursuant to City Code; (2) the setback from the westerly property line is 40'; (3) the grade of the westerly building shall be a minimum of 3' below grade of the property fronting on Foremaster Drive; and (4) landscaping to be consistent with Phase 1. City Attorney Shawn Guzman advised that the City Council can require off-site improvements for traffic. If a traffic study shows that the project will create too much traffic, the City Council has the ability to require improvements for traffic movement, or limit square footage of the buildings. Mr. Nicholson commented that if the City Council has concerns about traffic generated by the number of buildings, it would be better to table the zone change because once it is approved, the applicant will have the rights and privileges as allowed by the zoning. He commented St. George City Council Minutes April 7, 2005 Page Six that the development agreement in effect creates a PD zone, with a plan to do a three story building to a height of 50', and a smaller second building. City Manager Gary Esplin suggested tabling the matter until the applicant was present. MOTION: A motion was made by Council Member Orton to table the matter until the next meeting. SECOND: The motion was seconded by Council Member Bunker. Council Member Gardner stated it would be helpful to see the overall master plan for the area. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REQUEST TO BUILD WITH SEPTIC TANK: Consider approval of a request to build on an existing lot in Little Valley utilizing a septic tank. Jeff Barlow, applicant. City Manager Gary Esplin explained that because of concurrency and a lack of sewer service, this request has been brought to the City Council for approval. The request meets the requirement as it is a five acre parcel, and as long as there is a dedication for road improvements. The property is located behind Kent Bentley?s subdivision and will require an extension of roadway to 3670 South. The applicant will have to provide a 25' road dedication. He has agreed to hook to the sewer line when available. Community Development Director Bob Nicholson commented that the applicant will install a dry sewer now in preparation for the time when a sewer connection is available. Jeff Barlow, applicant, explained that a perc test had been done, the road dedication is in the process, and he will hook onto the sewer when it is available. City Manager Gary Esplin explained to Mr. Barlow that the road improvements will be required at the City?s discretion. Mr. Barlow agreed that he would install the road improvements when the City required him to do so. MOTION: A motion was made by Council Member Gardner to approve the request subject to a 25' road dedication by the applicant, road improvements when required by the City, and hooking to the sewer when available. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ART PROGRAM REVISIONS: Consider approval of revisions to the Public Art Program. Leisure Services Director Kent Perkins explained it is recommended that the number of members of the Pioneer Center for the Arts Board be increased from five to seven members. Members of the board recommend which pieces of art to install along the water walk, and will follow a well laid-out process to evaluate the art. He then reviewed the proposed policy. He explained that it is difficult to get all five members of the Board to attend the Board meetings on a regular basis, and it is hoped that by increasing the number of members to seven, that there will be at least five at every meeting. It is also hoped that the new members will bring a historical aspect to the board and expand its expertise. MOTION: A motion to approve the revisions was made by Council Member Bunker. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. EXTEND WATER LINE: Consider approval of an agreement to extend a water line being installed by Escalera Subdivision. Scott Taylor, Water Quality and Resources Engineer, explained that the Escalera Subdivision is located off Highland Drive east of Forest Park, and as improvements are being installed for the subdivision, staff recommends that the water line be extended to complete a pressure zone tie-in. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried INTRODUCTION OF SCOUT: Mayor McArthur invited a Scout in the audience to introduce himself. St. George City Council Minutes April 7, 2005 Page Seven INTERFUND LOAN AGREEMENT: Consider approval of an interfund loan agreement. City Manager Gary Esplin explained that a loan of up to $12 million between the Wastewater Treatment Fund and Energy Services is needed to continue funding of the generation plant. MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONTRACT: Consider award of a contract for maintenance management software. Jim Cook, Technology Services Division Manager, explained that several departments have been looking for maintenance management software. The City has invested a lot in building its GIS Department, and the proposed software is GIS centered and will work off the GIS database. The provider has agreed to sell the City a City-wide site license for the same cost as originally proposed for the Water Department. It is estimated that the City will save $150,000 to $200,000 over three years in software that would have been bought. The provider has agreed to maintenance and support costs no matter how many City departments are brought on, and will evaluate the cost at the end of a three year period and a new agreement can then be negotiated. MOTION: A motion was made by Council Member Whatcott to award the contract to Azteca Systems. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DONATION AGREEMENT: Consider approval of a donation agreement with Andy and Laura Lytle. City Manager Gary Esplin explained that the subject property is located along River Road. The Lytles would like the City to accept the dedication in the form of a donation so they can pursue a tax credit. He recommended approval. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried AGREEMENT: Consider approval a professional services agreement with Carter Burgess Inc. for construction management of the Riverside Drive extension project. Roger Bundy, Project Manager, explained that the agreement in the amount of $230,958 for engineering services is based on an estimated amount of time needed. The amount of the contract is 10.5% of the contract amount with the contractor and well within the normal range expected. He recommended approval of the contract based on hourly rates up to the amount of $230,958. If the amount is exceeded, it will be brought back to the City Council for approval. However, he did not expect that additional time would be needed as the contractor is moving well ahead of schedule. Council Member Whatcott inquired if a large metal pole which appeared to be affecting the road alignment could be moved. Mr. Bundy replied that the road was designed to go around the pole because of the major cost involved to relocate the pole. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CHANGE ORDER: Consider approval of a change order for installation of a 24" ductile-iron water line and associated valves and fittings throughout the length of the Riverside Drive extension project. Project Manager Roger Bundy explained that in relation to the project, adjacent landowners approached the City about having utilities stubbed out of the roadway and a water main installed along the road. The landowners are willing to pay for a share of the cost of the line. The cost to place a 24" line the length of the project is $707,565.90, and the landowners have agreed to pay $136,926.97 for an 8" line to run half the length. Water Services funds will pay the remainder of the cost. The landowners also propose to put in sewer stubs at a cost of $37,841.30. This will increase the project amount by 30% and the contractor has asked for an additional 25 days to finish the project, but expects to finish within the original St. George City Council Minutes April 7, 2005 Page Eight contract time. They will deposit their money with the City up front, and if costs exceed the expected amount, they will be assessed more. This provision will be included in the agreement. The net cost to the City is $570,638.93. Water Services Director Barry Barnum explained that the line is essential to handle growth in the area, and the City would have to install it anyway sooner or later. A small line in a difficult area to maintain will be abandoned. MOTION: A motion was made by Council Member Whatcott to approve the agreement in the amount of $707,565.90. SECOND The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a professional services agreement with Rosenberg Associates to act as consultant for the installation of the temporary Valley View bridge. City Manager Gary Esplin explained that the agreement amount is for $48,500, which will be paid by a combination of funding from the City, state and FEMA. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a safety sidewalk cooperative agreement. City Manager Gary Esplin explained that this is a standard state agreement to continue a project the City has been working on for years. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of an interconnection agreement with Questar Gas to allow the City to interconnect with the high pressure gas pipeline. City Manager Gary Esplin explained that the connection is to the new generation plant at a cost of $307,000. City Attorney Shawn Guzman explained that Questar will not guarantee higher pressure predicated upon the City using a designated amount of gas, but will provide a minimum amount of pressure only, and the City has no choice in the matter. Energy Services Director Phil Solomon explained that Questar is not willing to guarantee more than 125 psi, while the City needs 250 or more. The City is making provisions at the power plant to handle the pressure if it drops. MOTION: A motion was made by Council Member Bunker to approve the agreement. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of an assignment agreement for the San Juan generation facility. City Manager Gary Esplin explained that the City is negotiating a divorce from the project with UAMPS. Approval of the agreement will allow the City to assign its portion of the project to Lehi City, Payson and Springville. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a termination agreement with UAMPS for the Hunter II generation facility. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Whatcott. St. George City Council Minutes April 7, 2005 Page Nine VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONTRACT: Consider approval of a professional services contract with Rosenberg Associates for technical services for surveying and site work at the Millcreek power project. MOTION: A motion was made by Council Member Whatcott to approve the agreement. SECOND: The motion was seconded by Council Member Orton. Council Member Whatcott inquired of Energy Services Director Phil Solomon if it was expensive to move the power pole on Riverside Drive. Mr. Solomon replied that removal of the ...


City Council Minutes 09/26/2002:
...ous and the motion carried. AUTHORIZE CITY TO PARTICIPATE IN PAYSON POWER PROJECT: Dave Tuttle, representing UAMPS, distributed copies of the proposed Resolution and reviewed changes to it which were requested by the City. Water and Power Board Chairman Ross Hurst commented he felt an escape clause or option to withdraw should be provided. A lengthy discussion ensued about voting, timing, and a re-evaluation clause. Kent Romney, General Manager of Page's electric utility, advised that Page is one of the four major participants in the Payson project, and assured those present that Page's concerns as far as the stability of gas prices are identical to those of St. George. The Payson project provides Page with the best of both worlds as it caps out the price on high load hours, yet gives an advantage on low load hours from non-firm and other energy at a very low price. He stated the project made good economic sense for Page, and he was comfortable with the pro forma. The project's make-up makes it feasible to balance the economics of both electric and gas, and the value of the gas being burned for the amount output results in a low heat rate for the greatest amount of output. He encouraged participation in the project. Mr. Tuttle advised that the gas market is a daily market, not an hourly one. Council Member Gardner inquired how long it would take to bring the system up and running. Mr. Tuttle advised the system was capable of producing power in a half hour, and could be shut down instantaneously. However, the system must remain on for six hours, and if taken off line must stay off line for four hours. Council Member Whatcott commented that from the beginning the City has not wanted to have a 100% fixed gas price, but wanted to have a portion fixed and hedge on the lower end. He urged caution as there will be a large bill to pay every month whether the system is running or not. City Manager Gary Esplin commented it was his understanding the City was looking at the Payson project to bridge the gap in power needed during specific periods of St. George City Council Minutes September 26, 2002 Page Three time for base loading. He stated he felt good about fixing the price at 2? based on what the City has in its scheduled mix of all sources of power. Water and Power Director Wayne McArthur commented that the City could use the power for its base load, but right now it did not need any additional base loads. He advised that electing intermediate peaking gives the City the most flexibility and meets the load curve and provides the best bottom line. Mr. Tuttle summarized the benefits of the project. City Attorney Ron Read reviewed changes he suggested in the Resolution. Water and Power Board Chairman Ross Hurst commented he agreed with fuel diversity, but did not like the provision that one person could bind the entire group. Council Member Isom commented there were still enough questions that she did not feel comfortable voting on the matter. Finance Director Phil Peterson commented there were still many unknowns with regard to the Payson project. Mr. Tuttle explained that UAMPS' purpose in developing the Payson and San Juan projects is to make resources available so that its members are not exposed to the open market. City Manager Gary Esplin commented that the City's comfort level is with the pro forma. He stated he was not in favor of lessening the amount of energy the City would take, and if the City is comfortable enough to commit to the project, it should take 15 MW and be a player. He stated it was his opinion the City should participate in the project, but he expressed concern about the management committee and UAMPS' billing process. He recommended that the City Council not vote on the project until after the presentation from Deseret Generation. AUTHORIZE CITY TO PURCHASE POWER FROM DESERET GENERATION AND TRANSMISSION: Curt Winterfeld, Representing Deseret Generation and Transmission, distributed an Executive Summary and reviewed it with those present. After discussion, he advised there was a one to two week flexibility in revisiting the numbers, but Deseret is actively negotiating with other parties and has to know the City's level of commitment as soon as possible. Mayor McArthur advised that the matter would be considered at the October 3 City Council meeting. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session was made by Council Member Isom and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Gardner and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Orton - aye St. George City Council Minutes September 26, 2002 Page Four The vote was unanimous and the motion carried. REQUEST TO USE WOODWARD GYM: Allan Carter, representing the St. George Musical Theater, advised the SGMT is a non-profit organization and has 475 ticketholders, with a cast and crew of 500, and an annual budget of $165,000. Its growth curve has been too steep to continue to hold the productions in the Opera House, and he explained they would like to relocate to the old Woodward gym. It was the consensus of the Mayor and City Council that the SGMT be allowed to use the old Woodward gym on a two to five year basis at no cost, with the stipulation that SGMT pay all its own costs, including liability insurance, and that they maintain the landscaping in an acceptable condition. Mayor McArthur clarified that there would be no City expenditures. Mr. Carter requested that reasonable notice be provided in the event the lease is terminated. PUBLIC ART POLICY: Mark Talbert, representing the St. George Arts Commission, distributed a hand-out entitled "Public Art Program - St. George Arts Commission" and reviewed it with those present. It was the consensus of the City Council to move ahead with the program. Mayor McArthur stated he would like the Arts Commission to look at ideas for locating art work in the new roundabout at Main and Tabernacle. Mr. Talbert suggested a rotating art display. AUTHORIZE CITY TO PARTICIPATE IN PAYSON POWER CONTRACT (CONTINUED): City Attorney Ron Read advised that he and Dave Tuttle discussed changes to the Resolution and Mr. Tuttle will go back to UAMPS with the changes. The intent of the changes are to leave the re-evaluation subject to unanimous vote, with each participant having one vote. Each member has one vote for termination, and it has to be unanimous. If anyone does not want out, all are in. A majority vote of the entitlement shares is needed for all operating procedures and policies, other than a super majority vote for power sales only. He stated the agreement can be approved, if desired, subject to the changes. Mr. Tuttle reviewed changes to Par. 2 of the Resolution. Council Member Orton inquired if staff had reviewed these changes. Water and Power Director Wayne McArthur advised the changes had been reviewed by staff and Water and Power Board Chairman Ross Hurst. A motion was made by Council Membe...


City Council Minutes 05/20/2004:
... against high market prices in the event of the loss of DGT resources. Power Director Phil Solomon explained that most of the City?s resource portfolio is within a range that it can cover with generation. However, due to the volatility in the market and the prediction that this summer will be hotter than normal, staff would like to try and alleviate the risk. It investigated an insurance policy that limits the City?s exposure to the market. When the market is over $70, the insurance would kick in. However, most of the time it is anticipated that the market will be less than $70. There is a 3% chance that the City would actually have to exercise the insurance policy, but in the chance that it would have to, the City could be exposed by as much as $1,000,000 to $2,000,000. With that kind of exposure and the cost of the premium, it would be good insurance to have. The Water and Power Board recommends approval for a four month period from June to September. The cost for this four month period is $50,000. City Manager Gary Esplin expressed concern with the market the last few years. He stated that if the City still had a reserve, this would not be a problem. However, it would be good to have this insurance at least for this year and next. MOTION: A motion was made by Council Member Gardner to approve the insurance policy. SECOND: The motion was seconded by Council Member Whatcott. Mr. Solomon commented that the City?s Finance Director, Phil Peterson, felt the insurance policy was a good investment as well. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr. Solomon suggested that the motion be contingent on legal review of the documents. ENVIRONMENTAL ASSESSMENT: Consider approval of an environmental assessment for the Gunlock arsenic treatment plant. City Manager Gary Esplin explained that approval of this item would authorize the use of Bio-West along with Corollo Engineers to do the project at a cost of $75,581. The City will apply for an extension to meet the requirements, and the State has indicated they would look favorably on the request for extension. MOTION: A motion was made by Council Member Whatcott to approve the environmental assessment as requested. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. WATER LINE COST SHARE AGREEMENT: Consider approval of a water line cost share agreement. City Manager Gary Esplin explained that in order to accommodate fire safety and water pressure throughout the City, water lines must be extended. It is proposed that the City pay for the cost to take the lines further down the block and above the cost the developer would pay. The project is the Sunbowl West Townhome development. MOTION: A motion was made by Council Member Whatcott to approve the agreement. St. George City Council Minutes May 20, 2004 Page Seven SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REIMBURSEMENT AGREEMENT: Consider approval of a reimbursement agreement with JMI for improvements on Red Cliffs Drive. City Manager Gary Esplin explained that this item was tabled from the last meeting in order to give staff time to look at other projects along Red Cliffs Drive. Gilbert Jennings, applicant, advised that he is in the process of developing property on Red Cliffs Drive at 2450 East. On Red Cliffs Drive from 2450 East there currently is no center turn lane. A traffic impact study suggested there should be one. However, there are extenuating circumstances with the project such as power poles in relation to the street. While he would be more than happy to pay the cost of improvements on the south side of the street along the property, if the power lines were not there he would be more than willing to have the curb and gutter shift over closer to the property. However, because of the power lines, this is not possible. His commitment was that he would pay all costs on the south side of the street along the frontage and add any lanes required for traffic control, and the City would participate on the north. The only place the road can be expanded is to the north. There are culverts which go underneath the freeway, and an internal storm drain system has been designed to carry water through his project to the south end to 2450 East. This is a considerable added expense not included in the agreement for storm water which comes from Red Cliffs and north of the freeway which has nothing to do with his project. Staff is concerned that he is asking for something the others along Red Cliffs Drive did not receive help with, but while Deseret Industries paid for improvements along the south side of Red Cliffs Drive, there was already a turn lane in front of their property. He stated he would be happy to pay for the cost of what is required on the south side, but not having a center turn lane is a larger problem than his project and will influence all traffic on Red Cliffs Drive, and the City should participate. The reimbursement agreement asks the City to pay $61,000, which is the amount received from the contractor to pay for the improvements along the north side of the road. He again stated that he would be happy to pay for all improvements on the south side of the road, and he was paying for all the drainage which has nothing to do with him. Mayor McArthur inquired what the $61,000 would cover. City Manager Gary Esplin replied that it pays for taking out the curb and gutter and putting in new drainage catch basins on the north side of the road to the west end of Mr. Jennings? property. Mayor McArthur commented he wished the church could be included in the project on the north side of the road. City Manager Gary Esplin explained that Red Cliffs Drive was built on right-of-way given to the City by the State, and a special improvement district was created to improve Red Cliffs Drive when the mall was built. Power Director Phil Solomon advised that the power lines adjacent to Mr. Jennings? property were there when the right-of-way was deeded to the City and were owned by Dixie REA Power. Mayor McArthur commented he felt the City should participate with Mr. Jennings in the project. Mr. Jennings recommended that the project not be done until September after the temperature cools so that landscaping can be saved. City Manager Gary Esplin commented that staff?s concern is based on the traffic study which says that in order for Mr. Jennings to develop his commercial project, a left turn lane is mandatory, and it is their responsibility to provide it. It then would be their responsibility to move the power poles in order to accommodate the left turn lane, or if they are not moved, to allow them to improve the north side of the road so that a left turn lane can be accommodated. City participation will negate what they are required to install as part of the development process. Mayor McArthur commented that the power lines were causing the problem. City Manager Gary Esplin commented that Mr. Jennings could do a right turn in and right turn out only. While it is the City?s responsibility to pay the cost of improvement of the north side of the road, if Mr. Jennings were not developing his property, the left turn lane would not be needed. However, if the left turn lane is needed for general roadway safety, then it would be the City?s responsibility. St. George City Council Minutes May 20, 2004 Page Eight Mayor McArthur stated there is a turn lane the entire length of Red Cliffs Drive, except for this portion, due to the power lines. He stated he felt the City should participate in the cost of the turn lane. A brief discussion took place concerning the special improvement district which was created to improve Red Cliffs Drive. Council Member Whatcott commented that if the traffic study says for safety purposes a turn lane is needed, then the City has a responsibility to put in a median to prohibit left hand turns. If it does not do this, is it going to be responsible for 100% of the cost of moving the curb on the north side all the way down, as the next property has the same problem, and the next, etc. Assistant City Engineer Jay Sandberg commented that all property is developed from the mall to the church, and another access will never be needed. Mayor McArthur commented he was convinced the City would have installed a turn lane if there had been room to do so. City Engineer Dave Demas advised that he contacted Brent Gardner, the engineer for the SID, and inquired why a turn lane was not installed at this location. Mr. Gardner replied that there were four reasons: (1) budget issues; (2) expense to relocate the power lines; (3) the property owners did not know what they would do with the property and were uncooperative about any additional rights-of-way; and (4) no one knew where access to the property would be at that point. City Manager Gary Esplin stated that he did not think staff was suggesting the entire cost of the turn lane be borne by Mr. Jennings as there were some extenuating circumstances, but by allowing the developer to use additional right-of-way property between the development and the power poles, he would receive value. He inquired of Mr. Jennings if he wou...


City Council Minutes 07/27/2000:
...en - aye The motion carried. The flag salute was led by Water and Power Director Wayne McArthur, and the invocation was offered by Jeff Morby. Mayor Pro Tem Gardner recognized several young women in the audience from the St. James Ward who were attending the meeting as part of the Achievement Days program. Mayor Pro Tem Gardner recognized Jesika Henderson, America’s Junior Miss. He congratulated her on this achievement and presented her with a bouquet of roses on behalf of the City. PRESENTATION TO DAVID PURSLEY: Presentation from Ms. Darcy Hansen, Utah State PTA Community Involvement Commissioner. Darcy Hansen, Utah State PTA Community Involvement Commissioner, presented David Pursely with a plaque in recognition of his concern for arts in the community and efforts to provide art experiences for children. The Mayor and Council wished him well in future endeavors as he leaves employment with the City. ORDINANCE: Consider approval of an ordinance changing the zone from RE-20 to RE-12.5 on 35.523 acres located on 2550 East and 2450 South. Derrill Larkin, applicant, read a letter advising that he was withdrawing this request for a zone change. AWARD OF BID: Consider award of bid for Southgate netting replacement project. Purchasing Agent Sue Swensen presented two bids received: Judge Netting $43,106; Kirkland Fence $36,255. She advised the Power Department will install the poles which will lower the bids. She advised the netting is for replacement of existing netting and additional netting on the north side of Hole St. George City Council Minutes July 27, 2000 Page Two 7 and the maintenance shed. She recommended award to the low bidder, Kirkland Fence, in the amount of $33,055. A motion was made by Councilmember Orton to award the bid to Kirkland Fence in the amount of $33,055. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. AWARD OF BID: Consider award of contract for merchant credit cards for the City. Purchasing Agent Sue Swensen presented three bids received: Zions Bank $54,028.45; ECHO $45,654.27; First Security Bank $42,211.02. She recommended utilization of the State contract with First Security Bank for merchant card processing in the amount of $42,211.02. She advised that estimated annual fees were based on 1999 sales amounts. A motion was made by Councilmember Allen to award the contract to First Security Bank under the State contract in the amount of $42,211.02. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. ORDINANCE: Consider approval of an ordinance amending Section 3-10 of the Zoning Ordinance to limit the area of accessory buildings to 25% of the lot area in A-1 and residential zones. City Manager Gary Esplin introduced Mark Bradley, the City’s new Associate Planner. Mr. Esplin advised the public hearing was closed at the last meeting, and a field trip was taken to the Little Valley area. City Manager Gary Esplin advised the ordinance pertains to A-1 or residential zones only, and any parcel over one acre would not be affected. Councilmember Gardner inquired if the 25% lot area included the entire lot or just the backyard area. City Attorney Jonathan Wright advised the ordinance designates the entire lot area. Councilmember Whatcott commented in that event, someone could construct a 10,000 sq. ft. accessory building and a 5,000 sq. ft. home on a one acre lot. Councilmember Orton suggested additional time be taken to redraft the ordinance to address different types of accessory buildings. He stated he felt it was excessive to allow an accessory building to be 25% of the lot area. St. George City Council Minutes July 27, 2000 Page Three City Attorney Jonathan Wright advised the easiest way to address concerns with the ordinance would be to tighten up the limitation on the size of accessory buildings, and then allow for a conditional use permit if a larger accessory building was needed, with each request being considered on a case by case basis. A motion was made by Councilmember Orton to table the matter. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. ORDINANCE: Consider approval of an ordinance vacating a portion of 300 South Street east of River Road. Woodbury Corporation, applicant. City Manager Gary Esplin explained this request is similar to another where the City vacated its interest in 500 South Street east of River Road. However, according to the title company, the City has no real interest in this property from a legal standpoint. He advised the petition for vacation was signed by all adjacent property owners. A motion was made by Councilmember Orton to approve by ordinance the vacation of 300 South Street east of River Road. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Mayor Pro Tem Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye Councilmember allen - aye The motion carried. RESOLUTION: Consider approval of a resolution indicating the City’s opposition to efforts to remove the Colorado River Energy Project Dams or drain those said dams. City Manager Gary Esplin explained that dams along the Colorado River provide power to municipalities in the western United States. It is the recommendation of staff and the Water and Power Board that the City Council approve a resolution, drafted by UAMPS, expressing opposition to efforts to reduce availability of hydroelectric power to communities by removing these dams. Water and Power Director Wayne McArthur read the resolution. He advised the electricity provided by dams along the Colorado River is the cheapest and best resource the City has for power, and the dams are very important for water and power supply. A motion was made by Councilmember Orton to approve a resolution opposing any effort to remove Colorado River storage. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye St. George City Council Minutes July 27, 2000 Page Four The motion carried. RESOLUTION: Consider approval of resolution abandoning a portion of a limited common area in Sienna Canyon at Webb Hill Subdivision Phase I. Leucadia Corporation, applicant. City Manager Gary Esplin advised the applicant would like to include a portion of the limited common area in Lot 52 in order to enlarge it. Staff has reviewed the request and recommends approval. A motion was made by Councilmember Whatcott to approve a resolution abandoning a portion of the limited common area in Sienna Canyon at Webb Hill Subdivision Phase I. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. SET PUBLIC HEARINGS: City Manager Gary Esplin advised that the Planning Commission, at its meeting of July 11, 2000, recommended that public hearings be scheduled for August 17, 2000 at 5:00 p.m. to consider (1) an amendment to the General Land Use Map from low density residential to commercial for property located at 1400 W. Snow Canyon Parkway, and (2) a zone change from R-1-8 to R-2 for property located at 458 West 600 North. A motion was made by Councilmember Orton to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. PRELIMINARY PLAT APPROVAL: City Manager Gary Esplin advised that the Planning Commission, at its meeting of July 11, 2000, recommended approval of the preliminary plat for French Quarters Phase 2 at Sunbrook, with the condition that Lots 4-7 have a 25’ rear setback to the property line. A motion was made by Councilmember Allen to approve the preliminary plat subject to the stipulations of the Planning Commission. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Allen - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. St. George City Council Minutes July 27, 2000 Page Five FINAL PLAT APPROVAL: City Manager Gary Esplin advised that the Planning Commission, at its meeting of July 11, 2000, recommended approval of the amended final plat for Sienna Canyon at Webb Hill Phase I, and the final plat for Sienna Canyon at Webb Hill Phase II. A motion was made by Councilmember Whatcott to approve the final plats as recommended by the Planning Commission, and authorize the Mayor to sign them. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. TEMPORARY USE OF PROPERTY FOR CARGO AND UTILITY TRAILER SALES: Consider a request from Mr. Martin Lustig for temporary use of the property at the corner of Hilton Drive and Bluff Street for sale of cargo and utility trailers. Mr. Lustig explained he was not applying for a temporary use permit, but a waiver of the sidewalk requirement. City Manager Gary Esplin advised that Mr. Lustig would like a waiver of the sidewalk requirement due to his short use of the property. He advised there was not any sidewalk located adjacent to this area, this parcel dead-ends into the City’s trail system, and there is no way to place a sidewalk on the east side of the road. Mr. Lustig explained the property in question is an island and located on an unusual site. He advised he would install curb and gutter all the way around the property and provide landscaping. He plans on constructing a small office building with parking all around the office building on asphalt. He advised a traffic study has been done for the area, and it indicated the low volume of traffic would not require an additional study. Mr. Lustig advised he was not opposed to placement of sidewalk on the north side of his property. City Manager Gary Esplin advised that approval of his request would not require installation of sidewalk, however, if use of the property changed, sidewalk would be required. He recommended a review on an annual basis to monitor use of the property. Mr. Lustig advised he had a three year lease on the property. Councilmember Orton suggested a review be performed in three years. Councilmember Whatcott inquired about landscaping on the back side of the property along the trail, curbing, and the angle and placement of the entrance. Mr. Lustig replied that no landscaping will be provided along the back of the property, but it would be graveled and weed free. Curbing will end at the end of the property, and the entrance to the property will be 100-200’ from the curve of Hilton Drive where it meets Bluff Street. City Manager Gary Esplin advised that the City’s engineering department would have to review the site distance. He commented he hoped this entrance to the City would be maintained in an orderly manner and improvements properly placed. Mr. Lustig replied he would make the project attractive. St. George City Council Minutes July 27, 2000 Page Six Mr. Esplin commented the landscaping did not have to be green, but could consist of trees and rocks to match the adjacent landscaping. A motion was made by Councilmember Orton to approve a temporary waiver of the sidewalk requirements for a three year period subject to continued upkeep of the property and landscaping as proposed. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Orton - aye Councilmember Whatcott - aye Mayor Pro Tem Gardner - aye The motion carried. SPECIAL EVENT PERMIT FOR DANCE: Consider a request for a special event permit for a dance. Adam Pickelsimer, applicant. This item was tabled at the request of the applicant. ROUNDABOUT AGREEMENT: Consider approval of an agreement between the City of St. George, Utah Department of Transportation, and Walmart Stores, Inc., for construction of a roundabout at the Bloomington Interchange. This item was rescheduled for the City Council meeting of August 3, 2000. ANNEXATION PETITION: Consider acceptance of the annexation petition for a proposed annexation of 1030 acres located on both sides of the I-15 freeway near the Port of Entry at the Utah/Arizona border. City Manager Gary Esplin explained the City has received a request for annexation of 1,030 acres located adjacent to the southernmost City boundary and would encompass property on both sides of the I-15 freeway to the Arizona border. The applicants are School Trust Lands and Sun River. This request was previously approved by the City Council, but an error was later found in the petition. A motion to accept the petition for annexation was made by Councilmember Whatcott. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a roll call vote, and the City Council voted as follows: Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. REQUEST FOR BEER LICENSE: Consider a request for approval of a beer license for the Sinclair Station at 994 East St. George Blvd. Ernie Hafen, applicant. City Manager Gary Esplin explained this request was tabled from the last City Council meeting agenda because the applicant was not present. His application has been reviewed by the Police Department and no areas of concern were found. Staff’s concern with the request was the amount of area devoted to the sale of convenience food items. St. George City Council Minutes July 27, 2000 Page Seven Ernie Hafen, applicant, explained he is trying to enlarge the convenience portion of his service station. The building will be 2,300 sq. ft., with 1,380 sq. ft. devoted to the sale of beer, fountain drinks, snacks and other food items. A motion was made by Councilmember Allen to approve issuance of the beer license. The motion was seconded by Councilmember Orton. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. CONTRACT TO PURCHASE WATER: Consider approval of a contract to purchase water from Mr. Dennis Stucki. City Manager Gary Esplin explained staff and the Water and Power Board recommend that the City enter into an agreement with Dennis and Shirley Stucki for purchase of 0.95 cubic feet per second of irrigation water from the Virgin River for the irrigation of 52.02 acres. The City would pay $512.62 per acre foot of water, for a total purchase price of $160,000. It is the City’s practice to purchase as much water as possible. A motion was made by Councilmember Orton to approve the contract as recommended. The motion was seconded by Councilmember Allen. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: Councilmember Allen - aye Councilmember Whatcott - aye Councilmember Orton - aye Mayor Pro Tem Gardner - aye The motion carried. POLICY RE INSTALLATION OF CULINARY AND IRRIGATION WATER LINES: Consider approval of policy on installation of main line culinary and irrigation water distribution lines for the City of St. George. City Manager Gary Esplin explained that the Water and Power Board is recommending a change in the Water Department’s policy concerning installation of main culinary and water distribution lines. Because of the sensitive nature of the lines, the City needs to make sure the lines are properly installed, and they are proposing that any contractor who installs these lines be prequalified. Councilmember Orton commented this policy is consistent with other areas of the City for installation of power lines, golf course improvements, the new tennis facility, etc. Mayor Pro Tem Gardner commented the City should be aggressive in inviting people to qualify. City Manager Gary Esplin stated it was to the City’s benefit to get as many qualified as possible. A motion was made by Councilmember Orton to approve the policy as recommended by the Water and Power Board. The motion was seconded by Councilmember Whatcott. Mayor Pro Tem Gardner called for a vote, and the City Council voted as follows: St. George City Council Minutes July 27, 2000 Page Eight Councilmember Whatcott - aye Councilmember Orton - aye Councilmember Allen - aye Mayor Pro Tem Gardner - aye The motion carried. Carol Sapp inquired about the minimum size of line, and was informed it was 6". Water and Power Director Wayne McArthur advised the City would give contractors until...


City Council Minutes 07/31/2014:
...ried. PRESENTATION FROM UAMPS: Jackie Coombs, with UAMPS, presented a PowerPoint presentation covering the following topics: UAMPS Overview; Load and Resource Forecast; St. George: Yearly Peak; St. George Monthly Peak Load; St. George Forecasted Load to Resource Comparison and Shortage/Surplus Results; St. George Forecasted Load and Resources, April 2014 - March 2015; St. George: Yearly Resource Usage; St. George: Resource Usage Breakdown - 1997; and St. George: Resource Usage Breakdown - 2007. Energy Resource Manager James Van Fleet stated that the City has contracts with IPP and the Bonanza Coal Plant. Staff is trying to find other options to fill the base load. Ms. Coombs continued with her PowerPoint presentation covering the following topics: St. George: Yearly Dollars Billed through UAMPS. City Manager Gary Esplin stated that it is important to know that there will be a base load every year. Additionally, he explained when the City has extra power, staff tries to sell it to cut costs. Ms. Coombs stated that base load is energy that is needed 24 hours a day, 7 days a week. There is a need for at least 40 megawatts. Because there is continued growth, approximately 55 megawatts of base load are needed to continue through the 2024 time frame. She explained that UAMPS would partner with the City to broker the power to make it economical. She continued with the PowerPoint presentation covering the following topics: Pool Project; UAMPS Monthly Average Flat Pool and Market Prices; Resource Allocation; Sales to Unplanned Pool; St. George Forecasted Average Load and Average Resources; Environmental Resource Type - 2013; Small Modular Resources; Features of SMRs; NuScale Power SMR; Size Comparison; Coolant Flow Driven by Physics; Reactor Building; Site Layout; Unprecedented Safety Features; and Resource Project. She explained how this parallels to the project being proposed on the Green River. City Manager Gary Esplin stated that there will not be any base load in 10 years without an interim solution. Ms. Coombs explained that new transmission is not necessary for at least 250 megawatts. There is capacity available as it will be the same line utilized for Idaho Power. She stated that there is adequate output for Utah. There are other players wanting to come in. She mentioned that the Department of Energy and the co-founder of the technology will be in Logan on Monday. Every technology has environmental risk. St. George City Council Minutes July 31, 2014 Page Three City Manager Gary Esplin stated that the cost of power averages about $.07 per kilowatt hour, this project is over $.08 per kilowatt. Even if the City were to use another power source, there would be a 25% increase. Power costs are going up. Councilmember Hughes asked if the spent fuel will be stored on site. Ms. Coombs stated that the spent fuel will be stored on site in a pool of water until it is cool enough to go to dry cast. She explained when it is time to sign the power sales contract, staff would have to forecast how much power is needed. In the interim, staff can buy and sell. City Manager Gary Esplin stated that he and Phil Solomon, Energy Services Director, believe that the City should participate in the planning of this project. Mayor Pike stated that this makes sense as the City cannot do alone. Citizen Ed Baca stated that a new brush company indicated that he relocated his business to St. George because the cost of power here is 1/5 less than it was in California. He inquired if the City will lose such a favorable trend with regard to lower costs. Ms. Coombs replied no. Although the cost of power will increase for the City, the cost in California will continue to go up as well. DISCUSSION ON SHADE TREE ORDINANCE: Parks Manager Larry Shane distributed a Tree Inventory Report and a copy of . Additionally, he presented a PowerPoint presentation covering the following topics: Shade Tree Identification Tools; Tree Inventory; 50% Trees Now Inventoried; All Trees Inventoried Now a Layer in Cityworks Maps; Can Go To Specific Tree; Health of Trees; Specific Search Criteria; Tree Identification Tags; and Cost for Tags. Kevin Holyoak, Shade Tree Board member commented that the Shade Tree Ordinance is a great idea. He stated that it is frustrating that developers do not realize that when planting trees, there needs to be enough room for the roots to expand. Some of the trees on St. George Boulevard are struggling because the beds are not big enough. City Manager Gary Esplin explained that when the trees on St. George Boulevard are replaced, staff is widening the beds to give the trees enough room to grow. Mr. Shane continued with his PowerPoint presentation: Education Through the Shade Tree and Beautification Board. City Attorney Shawn Guzman advised that if there is an approved landscape plan, the property owner would have to retain the landscape unless a request a change the landscaping is approved. City Manager Gary Esplin commented that has been the staff’s frustration. If an approved landscape plan includes trees in a parking lot and the trees are cut down, the City can make them replace the trees if the Council chooses to do so. He believes the ordinance either needs to be enforced or changed. Mayor Pike explained that there are people who are not aware of the Shade Tree Ordinance. He believes there needs to be a public awareness campaign. City Manager Gary Esplin stated there has to be education for the business owners. On River Road a plan was approved for 40 trees, now the business only has 20. He asked if the business owner should be required to put the other 20 trees back in. St. George City Council Minutes July 31, 2014 Page Four Councilmember Randall and Mayor Pike both replied yes, the business owner should be required to re-plant the trees. Mr. Shane continued with his PowerPoint presentation covering the following topics: Trees Can Be Added to Property Title; Code Variances; Lost Trees Due to Neglect; Replace Missing Trees; and Give Them Room When Planning. The Councilmembers discussed possible changes to Ordinance No. 7-1-1993. Councilmember Almquist advised that section 2-5-6 states “ the developer shall be responsible for new street tree plantings prior to receipt of a Certificate of Occupancy”. If trees are required, they are required forever. With regard to section 2-5-9 which states “no person shall remove, prune, or otherwise seriously disturb a street tree or park tree without first receiving authorization”, he does not believe people are aware of this requirement. He would like to have a notification sent to businesses notifying them of the ordinance. He mentioned locations throughout the City in which trees are either dead or have been removed recently. City Manager Gary Esplin explained that per the Community Forestry Plan, certain species of trees are required to be planted on selected streets. Under commercial zoning, there is a requirement for specific landscaping. City Attorney Shawn Guzman advised that if a developer plants a tree in a right-of-way, the tree becomes a City tree. Councilmember Randall stated that business owners know of the landscaping requirements when they come in with a plan. She feels that when a business is sold and trees are removed, the Council needs to decide to either enforce the requirement or let it go. Councilmember Bowcutt commented that he believes the knowledge is not there. Possibly, when a business license is issued, that is when the landscape requirements are mentioned. The City’s responsibility is to let business owners know about the ordinance. City Manager Gary Esplin stated that is the key of the tree identification. He believes that at least shade trees in major roads need to be marked. Councilmember Randall asked Support Services Marc Mortensen to compose a letter that can be sent to business owners. City Manager Gary Esplin mentioned a suggestion from Budget and Planning Manager Deanna Brklacich. The trees are being removed by either a tree removal company or a landscaper. He wondered if it would help to meet with those types of businesses informing them of the ordinance. Councilmember Almquist suggested sending a letter to businesses that remove trees. City Manager Gary Esplin advised that staff will come back to the next work meeting with an action plan on how to proceed. City Attorney Shawn Guzman stated that he believes planters need to be looked at also. Mayor Pike inquired if these requirements would apply to churches as well.. Councilmembers replied yes. Councilmember Hughes stated that a landscaping plan should include the location of signs to prevent them from being hidden by trees in the future. St. George City Council Minutes July 31, 2014 Page Five Councilmember Randall inquired about a tree phone app that was presented to the Shade Tree Board. Councilmember Almquist commented that the phone app is appropriate for what the presenter is suggesting. City Manager Gary Esplin stated that there is no obligation to the City as the City would only sponsor the company. He asked for a copy of the inventory that will be on the app. Mayor Pike also like the Board to discuss the Wittwer’s issues. He encouraged the Board to work with them if there are points that make sense with regard to a different tree in front of their properties along St. George Boulevard. REPORT FROM COUNCILMEMBERS: Councilmember Arial mentioned that William Way made suggestions regarding payment options for utility payments. She wondered if there were other options for payments. Finance Director Philip Peterson explained that the $1.25 is charged by a third party who hosts online utility payments. When a customer pays their bill, they will see two charges, one for the actual bill and the other to the company who takes care of the payments. Staff has looked at other options, however, the other companies are not compatible with the software the City uses. This particular entity works with our software, therefore, when a payment is made, it shows up in the software as a pending payment. This helps the customer service representatives with shut offs. There are other options available to customers that do not charge fees such as auto pay. He stated that the main reason people use the online payment rather than one of the other options is because it has the most flexibility. The City’s discount rate is approximately 2.5%. Mayor Pike asked Councilmember Arial to respond to Mr. Way. Mr. Peterson stated that more and more people are using debit cards and do not have personal checks. Customers cannot use credit cards for anything other than utility payments. The City may eventually have to look at accepting credit card or debit card payments for other services. Mayor Pike commented that the time to deal with this issue is now. Personally, he does not write checks any longer. City Manager Gary Esplin stated that if credit cards are accepted for other services rates will have to be raised. Councilmember Arial mentioned that the Arts Commission recently went through the grant process. It was very well organized and the final disposition was very fair. Councilmember Almquist stated that anyone who has not gone to the Dinosaur Museum recently, needs to go there. Many changes have been made there that have made a big difference. Financially, they are doing much better. The Hillside Board has not done met recently as the ordinance allows reasonable activity on the hillside. Mosquito Abatement has been spraying near ponds. He mentioned that West Nile Virus is back in Utah. Councilmember Arial thanked Spectrum reporter Dave DeMille for his excellent article regarding Hela Seegmiller Park. Councilmember Almquist stated that when the Thompson Home was remodeled, they took out a lot of walls, he has the old lumber if it can be used at Seegmiller Park. Leisure Services Director Kent Perkins stated that the wood can be used. St. George City Council Minutes July 31, 2014 Page Six City Manager Gary Esplin stated that the Gardner’s barns are being moved to Seegmiller Park. The $200,000 that the City will be receiving from Dixie Power will cover almost all of the new projects at the park. Community...


City Council Minutes 10/05/2006:
... Purchasing Manager Connie Hood advised that the low bidder was Northern Power in the amount of $167,440 for 29,900 feet of wire. MOTION: A motion was made by Council Member Bunker to award the bid to the low bidder, Northern Power, in the amount of $167,440. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for the Main Street bridge at the Confluence Trailhead. This item was tabled. AWARD OF BID: Consider approval of natural gas hedging options. Purchasing Manager Connie Hood advised that approval is needed for natural gas hedging options through 2010. Energy Services Director Phil Solomon explained that the City Council previously approved a contract to manage gas with IGI, and this contract will end in October. They have been helpful in helping the City acquire gas and stay out of the market. He requested approval to pre-purchase or take an option to buy gas at a fixed price for next summer. There is $3.9 million in the budget for natural gas purchases. He requested that staff be given the ability to make purchases up to $2 million as long as they stay within budget, with council ratification after the purchase is made. Council Member Orton inquired if the City were protected from a down market. Mr. Solomon replied that the City would not be protected from a down market if the prices are fixed. Council Member Whatcott commented that hedging gas options is safe and keeps the City within budget because it knows what its margins are. He stated he was comfortable with staff?s ability to finalize transactions up to $2 million. He commented that it was important to realize that the City is a not-for-profit-based business and must keep rates as low as possible through prudent business decisions. MOTION: A motion was made by Council Member Whatcott to approve the natural gas hedging options, with staff given approval to make purchases up to $2 million per transaction. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes October 5, 2006 Page Three SPECIAL EVENT PERMIT: Consider approval of a special event permit for the Holiday Stroll on Main Street. RAD, applicant. An unidentified woman advised that last year the City approved RAD?s five year plan for the Holiday Stroll and this year it is being added to. Village Bank is the main sponsor. This year they would like to close the south half of Tabernacle on Blue Bunny?s block for display of vintage cars, but this would not affect the roundabout nor the parking garage. She requested that the event be covered by the City?s insurance. City Manager Gary Esplin commented that if the City were a sponsor, the event could be covered by the City?s insurance. The unidentified woman replied that the City was one of the sponsors, as well as The Spectrum, Cherry Creek Radio, and the Senior Sampler. Angie Adams advised that Jody May would like to locate a Christmas tree lot across the street from Kinko?s on the vacant lot where the old gas station used to be. Power and water is needed. Monies raised from sale of the trees will be donated to the Children?s Justice Center. Council Member Whatcott commented that this property is owned by the City and in his mind Mr. May should be making application to use the lot, with the City determining whether rent is appropriate or not. The unidentified woman advised that a Santa House would also be located on the lot, and while it was the City who requested that a Christmas tree lot be provided, logistically it does not matter where it is located. City Attorney Shawn Guzman advised that the City would require liability insurance from Mr. May and an agreement that can be brought back to the City Council for approval. The unidentified woman requested that the Mayor participate in the lighting ceremony. She also requested that the City provide the lighting, sound, and stage for the Holiday Stroll. Council Member Whatcott commented that the City is taking on a huge sponsorship by providing the lighting, sound equipment, insurance, police protection, shutting off the road, as well as the manpower of City staff. He asked for staff?s recommendation. Support Services Manager Marc Mortensen asked the City Council to keep in mind that full and part-time City employees are double booked this time of year by working special events every other night at the Opera House and Social Hall. He suggested that RAD pay for their own audio equipment and lighting to save wear and tear on the equipment which the City must use for its own events. The City is also getting many requests for use of its equipment. Mayor McArthur commented that if the City is a sponsor, he did not mind them using the City equipment. Council Member Bunker stated what while the event was marvelous and she supported it, she was concerned about use of City manpower, security and equipment. Mayor McArthur explained that police officers will attend the event in the normal course of business, but cannot provide all the security for the event. Council Member Whatcott inquired if this event was going to become the City?s annual holiday festival, or if it would continue as a RAD event as this would make a difference. St. George City Council Minutes October 5, 2006 Page Four City Manager Gary Esplin replied that the City has spent a lot of time, money and effort on the Blvd. and Main Street and it hoped this event would bring a lot of people back downtown. He suggested that the City try it this year and see how it worked. Mayor McArthur commented that this event has been chosen as the event that kicks off the Christmas season. Marc Mortensen advised that staff is very taxed during this time of year with all the events during November, December, and First Night. Council Member Orton commented that for the next few years the City should put an emphasis on the downtown to bring people to it to help make sure the businesses there remain viable. Police Chief Marlon Stratton advised that typically a couple of officers attend events such as this. Council Member Whatcott inquired if in the future the City foresees the event continuing past Tabernacle Street to 100 South. Mayor McArthur advised he sees the event continuing into the new Town Square. Council Member Whatcott commented that to him it made more sense for this event to be a City event and he gave kudos to RAD for helping put on the event. Council Member Bunker inquired if it would be more defensible to say that the equipment is being used for a City event, therefore it cannot be used by others unless it is a City event. City Manager Gary Esplin advised that if everything goes well, the grand opening for the Town Square will be held next October, and next year the event can be expanded to the Town Square. He recommended approval and commented that staff would figure out the insurance under the City?s umbrella policy. MOTION: A motion was made by Council Member Bunker to approve the special event permit with the City providing insurance, security, sound and lighting to a ceiling of $500-$600, including use of City technicians. SECOND: The motion was seconded by Council Member Whatcott, specifying that the Christmas tree sales lot needs to be rented from the City with the rental fee going back into the celebration for maintenance and purchase of new equipment. City Attorney Shawn Guzman clarified that the Christmas tree vendor, and any other vendors located there, will need their own business license and certificate of insurance, and the City will take care of the overall liability for the event. City Manager Gary Esplin clarified that the City would not be providing any additional security other than what is provided at any public event. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PROCLAMATION: Mayor McArthur read a proclamation proclaiming the month of October as Domestic Violence Awareness Month. Greg Labell and Linda Whitlock, representing the Dove Center, informed the Mayor and Council of the events during the month. Between 2000-2006 there has been a 630% increase in clients served and Utah is 23% higher than the national average for murders due to domestic violence. The annual candlelight vigil will be held Tuesday, October 17 St. George City Council Minutes October 5, 2006 Page Five from 6:30 p.m. to 8:00 p.m. at the Opera House. Ms. Whitlock thanked the Police Department for their professionalism and protection. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for a one building commercial condominium project at 162 North 400 East. Dan Gifford, applicant. Mayor McArthur opened the public hearing. City Attorney Shawn Guzman explained that this plat should have been approved before the building was built, but it was not, and a public hearing is required. Development Services Manager Jay Sandberg explained that the condominium plat had already been approved. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Orton to approve the preliminary plat. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for Kachina Cliffs Phase 3 with 26 single family homes located on the east side of Snow Canyon Parkway in the southeast portion of the Entrada development. Brett Henke, agent. AND PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for Kachina Springs East Phase 3 with 85 units located on the east side of Snow Canyon Parkway in the southeast portion of the Entrada development. Brett Henke, agent. Development Services Manager Jay Sandberg recommended that this plat and the Kachina Cliffs East Phase 3 plat be considered together as they have the same recommendations from the Planning Commission. The subdivisions are located in the southerly east part of the Entrada project and will finish up the east side of the Snow Canyon Parkway part of Entrada. A traffic impact study was required because of the number of lots. The Planning Commission recommended approval subject to staff?s recommendations for a right deceleration lane on Snow Canyon parkway, the street cuts will need to be graded 10' behind the street rights-of-way, and signage at the roundabout as required by FHWA and City roundabout guidelines Mayor McArthur opened the public hearing for both preliminary plats. Brent Keith stated that Entrada is concerned about the orange color of the fence distinguishing the ?no build? area and requested the option to choose the color of fencing. MOTION: A motion was made by Council Member Whatcott to approve both plats, with orange fencing to distinguish the ?no build? areas. SECOND: The motion was seconded by Council Member Orton. City Manager Gary Esplin explained that orange fencing is used intentionally so that it does not blend into the hillside. St. George City Council Minutes October 5, 2006 Page Six MOTION CLARIFIED: Council Member Whatcott clarified that his motion for approval included all recommendations of the Planning Commission. Council Member Bunker stated a four foot separation for the trail was also required. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for Southgate Townhomes with 65 units located at 2025 South Circle, north of Atria Assisted Living Center and east of Mirage Estates and adjacaent to the I-15 right-of-way. Rob Reid, agent. Development Services Manager Jay Sandberg explained that the project area is visible from I-15, and quite a bit of time was spent looking at the location of the driveways for the best sight distance. The streets meet minimum standards for passenger cars and stopping distance for large trucks. Another issue is the height of the buildings. Community Development Director Bob Nicholson explained that most of the homes are single units, but nine of the 65 units are three levels, with half of a level below grade. He displayed a rendering. The project backs up to I-15. The applicants propose a privacy retaining wall along I-15 and plan to plant trees and landscaping along the I-15 corridor. Nearby residents have expressed concern that the project will affect their views. He explained that the R-3 zoning has been in place for 20-25 years. Council Member Whatcott commented that the height of the units seemed to be subjective as the applicants could add more fill to raise the elevation by 10' and then build 2.5 stories on top of that rather than establishing a fixed height. Community Development Director Bob Nicholson commented that the terrain consists of dips and valleys. Council Member Bunker commented that during the Planning Commission meeting there was discussion about the appearance of the project from I-15 and she thought the recommendation included a requirement for a certain number of trees and their spacing. Mr. Nicholson replied that street trees are required every 40', as well as a stuccoed wall not more than 8' high along the I-15. An unidentified man commented that it was costly to bring in fill and the elevation is pretty well set with the site for drainage. City Manager Gary Esplin commented that the height of the buildings should be measured off the road so everyone will know the units will not be elevated higher than planned. An unidentified man replied that the height would be hard to set as there was a steep grade. City Manager Gary Esplin replied that there had to be some way to tie down the height of the buildings with a fixed point from which to measure. Perhaps each building could be surveyed so there is no question about the height of the buildings. An unidentified man commented that the highest building pad is at 2,590 elevation, and they will not be higher than that. City Attorney Shawn Guzman commented that using the road as a fixed point is a good suggestion and using 2,590 as the highest point could allow for quite a bit of areas to be filled in. St. George City Council Minutes October 5, 2006 Page Seven Council Member Whatcott suggested that no fill be allowed and the applicants will have to deal with the drainage. He stated that a computer-generated model should have been presented to show the variations, and that the presentation was just not good enough. Development Services Manager Jay Sandberg suggested that a maximum height of 25 feet perpendicular to the road be set. Mayor McArthur opened the public hearing. Minnie Benson commented that she represented 62 families who are opposed to the project for four reasons: (1) density, (2) access, (3) driving visibility, and (4) no place for the children to play. She stated she was concerned that the project would affect the quality of life presently enjoyed in the area and property values. Mayor McArthur advised that the subject property has been zoned R-3 for 25 years, and whether right or wrong, the applicant has a right to use the property as zoned. City Manager Gary Esplin advised that the property is zoned for apartments, and the applicant could build apartments on the site. Dawn Sandberg commented her concern was the zoning and inquired if a traffic impact study had been done before putting extra traffic on 2025 South Circle. Karen Brown inquired about the fencing between the project and Cliff View and drainage and expressed concern about all the extra traffic that would be put onto the small, curvy street. City Attorney Shawn Guzman replied that a 6' fence would be required between the project and Cliff View. Charlotte McGary advised that she lived above the project and was concerned about its long term impact with regard to traffic, noise and air pollution. She stated that due to its proximity to the I-15 and resultant noise, residents would not want to live in the units for long and they would turn into rentals. She stated that the zoning should have been updated according to current impacts and there were a great number of issues that should be looked at before any decision is made. Colleen Caputo inquired if the power lines were going to be moved or left to run through the middle of the property. City Manager Gary Esplin replied that the City had no plans to move the power lines, but if they were moved, it would have to be done by the applicant. The power lines have to meet national electrical code standards for clearance. Ms. Caputo commented that the project will have as many homes on three acres as her subdivision has on 17 acres. Community Development Director Bob Nicholson replied that the project consists of two parcels totaling seven acres. Vic Brower commented that his home is located on the hill and when he moved into it ten years ago he was guaranteed an unobstructed view by the contractor. He stated that homes have since been built which block his view. Dynamiting has also caused damage to his home. He stated that 2025 South is the only ingress and egress to the project and has a bad curve. He stated he understood a church was going to be located on the subject property, and this would be an asset to the neighborhood. He stated that the zoning should have been updated as things have changed within the last 30 years. He expressed concern that he found out about this public hearing by accident, and did not receive a notice. He stated there were a lot of people in the area who are unaware St. George City Council Minutes October 5, 2006 Page Eight of what is happening and may want input. He stated there was no doubt in his mind that the project would block the views and congest the area. He suggested the project be scaled down to 20 single story units. Mayor McArthur replied that the City does not have to send out notices, but does so as a courtesy to property owners within 300 feet of the zone change, as well as advertise in the newspaper. He stated that the owners of the property in question have private property rights, and the City is in the process of looking at its zoning to see if there are areas that need updating. Kathy Gunn commented that her home faces 2025 South Circle and there is a lot of traffic on this road. She stated she hoped there would be more police patrol in the area due to speeding. She stated that if the zoning had not been looked at in 25 years, she was in favor of it now being looked at in terms of what the community has become. An unidentified gentleman commented that he has to cross Balboa Way while dodging traffic. He inquired how this project would affect the interchange at Hilton/Dixie Downs/Tonaquint. Steven Cowley commented that traffic is a problem in the area, as well as the noise level from the freeway, the proposed density, and another 65 units will cause problems at the intersection at Balboa. Mike Heath commented that he walks 2025 South every day and it is a dangerous road. He stated the new project will not help the value of the homes in the area. Dean Walton commented that another 130 cars will be added to the existing traffic problems in the area. He suggested that things be held up for a while to let the infrastructure catch up to the developments which are already in place. There being no further public comment, Mayor McArthur closed the public hearing. He advised that the Planning Commission recommended approval. Council Member Whatcott commented that while this project may not meet the criteria for a traffic study on its own, the City can say that something should be done with regard to traffic. He stated he was not ready to vote as not near enough information had been presented. City Attorney Shawn Guzman advised that the City Council can request a traffic study and any improvements required because of that traffic study, and require the developer to pay for them. If the problem is with system improvements already in place, the City would have to pay to remedy those. Council Member Allen commented that the City Council has asked repeatedly for 3D renderings, and it is only fair for those who live in the area to be able to see exactly what the project will look like. She expressed concern about additional traffic on 2025 South Circle. MOTION: A motion was made by Council Member Allen to table the matter. Council Member Bunker commented that noise from the freeway will be a problem for those who live in this project and she believed the project would gradually decline in value. SECOND: The motion was seconded by Council Member Whatcott. Council Member Orton commented that the property is zoned for the proposed project and the applicant can have more density than what he is asking for. St. George City Council Minutes October 5, 2006 Page Nine Community Development Director Bob Nicholson commented that the zone allows 13 dwelling units per acre, and the applicant is asking for 9.3 units per acre. City Manager Gary Esplin commented that the applicant could put in apartments. At the time the master plan was done, this area was zoned R-3 because it is located next to the freeway and the thinking was that no one would want to build single family homes there. He stated he did not feel that enough information had been presented to make a decision and he suggested a field trip be made to the site. Council Member Orton commented that something will be built on the property as the applicant has a right to develop it as high density. City Attorney Shawn Guzman explained that California is a late vesting state meaning that their courts have given their local officials a lot longer process to make a zone change. In Utah the property owner is entitled to build what the property is zoned for. Unless the applicant wants to do a lower density project, the City Council cannot change the zoning of the property at this stage in the process. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Council Member Orton was excused from the meeting. Mayor McArthur called for a five minute break. At the conclusion of the break, the meeting continued. Mayor McArthur advised that since there were only three Council Members present, a unanimous vote would be required for any motion to pass. Applicants will be given the option to pull their item from this agenda and have it scheduled on the next agenda before discussion of their item. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for The Ledges Phase 10 with 31 single family lots located west of U-18 and south of Phase 6. Development Services Manager Jay Sandberg explained that the lots will have walk-out basements and some are golf course lots. The plan shows 160-180 feet of separation from the centerline of the fairway and the minimum required is 150 feet. The Planning Commission recommends approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Allen to approve the preliminary plat. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of a preliminary plat for Meadow Valley Phase 8 with four single family lots located between 2350 East and Little Valley Road. Quality Development, applicant. Development Services Manager Jay Sandberg explained that Franklin Place is located to the north. Four lots are located along the irrigation canal and were held out of previous phases because an agreement was being worked out between the City, irrigation district, and property owners. This agreement has now been worked out and approved by the City Council, and the applicant is now ready to move forward with the four lots. There is an equestrian trail easement between two subdivisions in the vicinity, and there is a proposed 25' wide corridor which is the bare bones minimum for access St. George City Council Minutes October 5, 2006 Page Ten and maintenance. A sewer line runs through this corridor, as well as the piped canal, and the trail. The Planning Commission recommends approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Whatcott to approve the preliminary plat with a 25' wide dedicated trail. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider an amendment to the General Plan Land Use Map to include a revised Master Plan for The Lakes residential development with up to 2,922 dwelling units on 730 acres located west of Sunbrook and west of the Cottages at Green Valley. Community Development Director Bob Nicholson explained that this project has been around for some time, previously known as The Plantations. It was originally approved in 1994. The PD zoning expired and was reinstated. The overall density of the proposed project does not change and remains at four units per acre. The reason the applicant?s are coming back is that the concept has changed dramatically. There will not be a golf course, and instead there will be four lakes. The property consists of several major washes. The applicant proposes 2,900 dwelling units as follows: 638 units in low density, 1700 in medium density, 579 units in high density, and a 28 acre commercial piece for neighborhood commercial. There are 220 acres in open space, parks or lakes. One third of the development is open space. Traffic is a major issue and will be addressed at the zoning stage or with the plats. A long list of traffic improvements will be required as part of the project. A number of traffic signals will be required. Canyon View Drive will move south and intersect with Dixie Drive considerably farther south than at present. There will be a series of additional lights and left turn lanes. There are existing bike trails in the area and one of the most popular places to ride is by the City water tank on the applicant?s property. The applicant plans to maintain that trail. In the past residents of The Cottages have expressed concern about the location of Plantations Drive. The applicant has prepared exhibits that show the separation from their property lines and Plantations Drive. There is extensive separation or open space area. The narrowest point is 16' at the corner of Canyon View Drive and Plantations Drive. Mayor McArthur inquired if a fire station site was included in the plan. Mr. Nicholson replied that a fire station site has been included in the plan, and the applicant is also bringing irrigation water rights to the project, as well as possibly using reuse water. Council Member Bunker advised that she received a letter from Mr. Mower expressing concern about the increased density. Mr. Nicholson replied that density has gone up from the Plantations project. This project proposed four units per acre, and the Plantations project was three units per acre. Tonight is not an entitlement hearing as this is a zoning decision. Tonight?s hearing is for a general plan amendment, which acts as a guide for future zoning requests. If the City Council is uncomfortable with the density, it should give this direction tonight as the applicant will be following up this request with a zoning request. Rick Rosenberg advised that he has been working on this project since 1992. It started with a 27 hole golf course, then went to an 18 hole golf course, and has now been downsized to public parks and trails in response to the City survey. This site is blessed with a multitude of unique geologic features, hence the recreation out there now. He then showed slides of the property. Natural rock formations will be preserved and the St. George City Council Minutes October 5, 2006 Page Eleven applicant is working with the Parks Department on the trails and parks. All recreation facilities are intended to be public. A large public park which is show on the parks master plan will be built, as well as a linear park which runs through the valley and provides a connection from the north to south areas. Some trails will be improved with asphalt. The project provides for the construction of Plantations Drive which is the only major arterial west of Dixie Drive and is a major road on the City?s transportation plan, and will be built before the first subdivision goes in. The applicant has been working closely with the Power Department to provide two new substations and has done his best to hide the power corridor. The Power Department would like to execute a document as soon as possible to start relocation and planning of the 138 substation and loop line which is a regional power line. An extensive traffic impact study was done which identified all improvements and participation percentages based on density and traffic generated by the project. A site has been identified for a fire station. The project has three primary densities on top of the slopes and has taken a lot of the high density to the center of the project adjacent to The Cottages and parks. Concerns have been expressed by residents of The Cottages with regard to higher density and the proximity of the roadway to some of the units. By moving the power line the road has been shifted to the west. The applicants plan to landscape the areas between The Cottages and the roadway. An underground crossing and another trailhead is proposed and the bottom trail areas will be preserved. There will be no development in the flood plain or washes. The developer has created CC&Rs to control the exterior look of the buildings and landscaping for the entire project, and even though some of the property has been sold to different developers, the entire site will function under a common CC&R document to maintain control of the look and feel of the project. In order to preserve the sensitive lands and fund constriction, there is a need for increased density and the project has been set up to do some TND with a town center and park. The opportunity to do this is with this amendment and the zoning process. The first phase will consist of R-1-10 development to take advantage of lot averaging in order to pull some more affordable lots into the R-1-10 development. Council Member Bunker inquired if the applicants were also planning some affordable housing. Mr. Rosenberg replied that the commitment to affordable housing is there, but the property owners are not doing the actual project and there is not a detailed design to address this. The general plan amendment will allow this to happen, and affordable housing can be made contingent with the zoning. He stated that the last he heard there were 3,500 to 4,000 lots on the market and only 133 were sold last month. There is a dramatic need for affordable housing to meet the growing number of the workforce, but this cannot happen in the R-1-10 zone. The affording housing problem cannot be solved with four units per acre, but R-1-10 is needed to absorb the land cost and spread it out among more units. Council Member Whatcott commented that at some point in time a commitment must be made to provide attainable housing. Mr. Rosenberg replied that the applicant is focusing on the quality of the project design with less attention being paid to the numbers. The affordable housing problem cannot be met by four units per acre. Council Member Whatcott commented that it was obvious a tremendous amount of time was spent on this project but he wondered when the City was going to step forward and require an attainable housing component, and if the City was missing the boat on this project by approving the general plan amendment. City Manager Gary Esplin replied that the current property owners are not the ones doing the actual development of the project. The property owners will put in the infrastructure and then sell off the parcels. From staff?s point of view, the project is great and meets the current master plan with four units per acre. The concern is what St. George City Council Minutes October 5, 2006 Page Twelve assurances the City will have if the project moves forward that it will be built according to the master plan. Mr. Rosenberg replied that Plantations Drive is fixed and will be built. The sewer will be extended. Parks will be built as required. If a developer comes in and buys part of the property, he will have to function under the CC&Rs which can be tied to the project zoning through a development agreement. As far as workforce housing, he did not know if he could say that mandatory inclusionary zoning was the best thing for the City. City Manager Gary Esplin inquired what good increased density was if it did not make affordable housing part of the program, and if the applicant gets increase density, what will the City be receiving for that increased density. There has to be trade-off to get some attainable housing. He stated that he was not offended by the increased density of the project if the prices allowed young families and a cross section of the community to live in an area where high prices would otherwise drive them out. Mr. Rosenberg commented that the applicant would be starting with an R-1-10 zoning project because this zoning is already in place and no zone change is required. Lot averaging has been used and there will be some smaller lots in with larger lots. Additionally the developer can proceed now and will put millions into the roads, and there has to be some return for this. He stated that some areas will have up to nine units per acre for townhomes and smaller lots which is what the market wants. There is no requirement for attainable housing, but the opportunity is there. Council Member Whatcott commented that just because the units or lots may be small does not mean they will be affordable. Mr. Rosenberg replied that it was his hope the market would adjust and he could not recommend inclusionary zoning. Council Member Allen commented that the only way to get true attainable housing is to allow another couple of lots per development, as there has to be some return for the developer to help pay for it. Mr. Rosenberg replied that there would have to be some density incentive or density bonus in order to mandate inclusionary zoning. The process would also have to be streamlined as time is money. City Manager Gary Esplin inquired how the City could deny a project if it met the master plan density for the area. He stated that the City should not give away the farm for higher density without looking at attainable housing. City Attorney Shawn Guzman advised that the best way to do this is through an ordinance and through an extensive development agreement. Mayor McArthur opened the public hearing. Sally Harrison, a resident of The Cottages North, commented that her home is located on the corner of Plantations Drive and Canyon View Drive and she was hoping for a 25' greenbelt area between her wall and the road. She also asked for elimination of the big four story buildings as they were not conducive to the neighborhood. She stated she was not opposed to the project but did not want apartments. Marlon Shields advised that ten homeowners from The Cottages North would be impacted. He asked for a separation of the units from the road with greenbelt in order to reduce traffic noise while still having access to the beautiful property. He stated he did not want high density buildings. John Costland expressed concern with the noise from Plantations Drive and wanted to make certain there was no access off Plantations Drive in order to take a shortcut onto St. George City Council Minutes October 5, 2006 Page Thirteen Canyon View Drive. He stated he was in favor of Plantations Drive being built first. He stated he was told no environmental impact study had been done for the project, even though he knew there were protected tortoises in the area. City Manager Gary Esplin advised that a few years ago 65,000 acres on the red hill was designated as tortoise habitat. That is the preservation area, and any tortoises found outside this area can be transported to this area and released. Ed Baca inquired if the public could be assured that the fire station would be built in timely manner before prices rise, an example being the Sun River fire station. Bob Willie, a resident of Cottages South, commented that there was enough high density in the area and the last thing they needed was more. He expressed concern with the number of new cars that would be brought into the area and stated there was not enough access, even with the development of Plantations Drive. He commented there needed to be more thought given to the handling of traffic. Peg Durham commented that her home backs up to the project property. She inquired if everyone could add five or ten feet to their backyards at a reasonable price. She also inquired if they could have higher walls so that those people walking on the trail behind their homes could not see into their backyards. Kurt Lister, Board Member of The Cottages South HOA, commented he was against the proposal as it did not benefit the citizens or the City. He stated the area could not support any more high density residential. He also expressed concern about noise pollution, visual pollution, increased density, declining property values, lack of privacy, and an increase in crime. Rick Rosenberg commented that no height increase is proposed for the buildings across from The Cottages North and they could be the same height as a single family home, up to 35'. The applicant has not requested approval for any four story buildings. There will be nearly 40' of landscaping from the backyards to the right-of-way, and the trail is planned to be closer to the street. There might be a little excess property available, but he could not promise anything. There is no direct access to Plantations Drive from The Cottages South as it loops within itself, and there is no planned connection. There is a gravel pit on site and a construction access so no heavy trucks will have to operate across residential streets. The traffic impact study has addressed the huge impact in traffic at build-out, and off site transportation improvement costs are significant. Community Development Director Bob Nicholson advised that the Planning Commission recommended approval subject to the following comments from staff: 1. No zone change will be considered or approved until traffic issues are resolved. 2. Drainage issues must be resolved with the Development Services Department prior to proceeding with a zone change. 3. A detailed sensitive land use analysis should be prepared. Areas that are to remain as open space should be identified first and then potential developable areas. This should be part of the zone change application. 4. There should be compatible densities with adjacent developments. 5. The previous plan (The Plantations) phase one was limited to a certain number of units until adequate access is available to the various phases. 6. Source of water for the lakes will be re-use water and/or irrigation water. The source of water for the lakes is subject to negotiation with the Water Department. 7. A detailed trail plan should be submitted for review and approval as part of any zone change application. The trails should be designed and improved by the developer as part of each phase of the development. 8. Plantations Drive alignment along ?The Cottages? development should be at least 10 feet offset or more from the privacy walls of The Cottages North development. St. George City Council Minutes October 5, 2006 Page Fourteen 9. The Hillside Review Board agreed with the concept but required that a hillside development permit would be needed for each applicable area with the exception of the man-made gravel site at the southeast corner of the project boundary. He advised that one area proposed to be adjacent to The Cottages is high density and not compatible, and the Planning Commission recommended that this area be considered as medium density instead of high density. Rick Rosenberg advised that the applicant was willing to facilitate that concern from The Cottages. A gentleman in the audience inquired how access to the trail could be obtained. Mr. Rosenberg replied that there is a significant trail system crossing behind The Cottages North. There is a four way intersection planned for this area with a pedestrian crossing that will provide immediate access to the park and trailhead. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Allen inquired if the high density housing could be scattered throughout the development. Mr. Rosenberg replied that this was possible and commented he could see several of the areas coming back as medium density for a TND or PD. City Manager Gary Esplin commented that the City Council is not giving license to anything more than to allow the applicant to come in for a zone change. At that time they must have elevations, etc., and whatever ordinance is in place at the time of that zone change request is what will apply. There could be a requirement for 20% inclusionary housing and they would have to meet that in order to get the zone change. MOTION: A motion was made by Council Member Bunker to approve the general plan amendment by ordinance subject to the recommendations of the Planning Commission, and with the stipulation that the property adjacent to The Cottages North and South be medium density rather than high density and shown as such on the master plan. City Manager Gary Esplin suggested that language be included in the motion recognizing that the master plan is amended at this time, but the number of units cannot be guaranteed as this is part of a zone change which will come later. City Attorney Shawn Guzman clarified for the record that anyone who subsequently develops in this area is on notice that the concept for the project could change, but any change would have to be reasonable. AMENDED MOTION: Council Member Bunker agreed to add these two recommendations to the motion. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Bunker - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Mayor McArthur called for a five minute break, during which time he was excused from the meeting. Upon conclusion of the break, the meeting resumed. St. George City Council Minutes October 5, 2006 Page Fifteen APPOINT MAYOR PRO TEM: MOTION: A motion was made by Council Member Bunker to appoint Council Member Whatcott as Mayor Pro Tem for the remainder of the meeting. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. SOLID FENCE REQUIREMENT: Consider a request for determination of a solid fence requirement. Jim McArthur, applicant. Jim McArthur explained that on December 15, 2005, he appeared before the City Council for approval to put in a RV storage area on his property located next to the Fiesta Fun Center. At that time he was asked to put in a solid block fence. The ordinance requires only a solid site-obscuring fence. He then displayed panels for a tongue-in-groove PVC fence and requested permission to install this type of fence instead of a solid block wall. City Manager Gary Esplin commented that he had no problem with the request, but inquired about removal of graffiti. Mr. McArthur replied that the slats could be easily replaced if the graffiti did not clean off. Council Member Whatcott commented that his only concern was that vinyl fences have tendency to lean and fade as they age. Mr. McArthur replied that he would see that this did not happen, and in five years the fence would probably not be there in any event. MOTION: A motion was made by Council Member Bunker to approve use of the vinyl fencing. SECOND: The motion was seconded by Council Member Allen. Council Member Whatcott commented that while the requirements of the ordinance were being met, his concern was longevity of the fencing and what it would look like in five to ten years from now. Mr. McArthur replied that he would be happy to have someone put a level on it and tell him to straighten it. He commented that he wanted the fence to look sharp too, and would happy to have this requirement as part of the motion. If complaints are made about the fence, he will correct the problems. City Attorney Shawn Guzman commented that the fence could be required to be maintained in good condition without holes or cracks or graffiti and kept straight. City Manager Gary Esplin suggested that a review of the fence could also be required in five years to see how it is holding up. AMENDED MOTION: Council Member Bunker amended her motion to include the requirement that the fence be maintained in good condition without holes, cracks or graffiti and kept straight, and with a review in five years to see how it is holding up. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held September 26, 2006, recommended that public hearings be scheduled for October 19, 2006 at 5:00 p.m. to consider: St. George City Council Minutes October 5, 2006 Page Sixteen 1. Approval to allow high density residential in certain commercial zones as a conditional use permit. 2. Approval to allow cheerleading, dance and tumbling in the M-2 zone as a conditional use permit. The Planning Commission recommended that public hearings be scheduled for November 2, 2006 at 5:00 p.m. to consider: 3. Amendment to the General Plan for the addition of an airport vicinity land use plan for the proposed replacement airport. 4. Approval of proposed amendments to the St. George City Code regarding the establishment of airport vicinity zones and land uses for such zones. 5. A request to amend the previously approved PD for The Ledges. 6. A zone change from A-1 to RE-12.5 on .50 acre located on 2800 South Street. MOTION: A motion was made by Council Member Allen to schedule the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. APPROVAL OF FINAL PLATS: Community Development Director Bob Nicholson advised that the Planning Commission recommended approval of the final plats for Oasis at Middleton and Escalera Phase 3. He explained that the Oasis at Middleton project consists of three lots. A driveway will have to be shared to the flag lots. Council Member Bunker expressed concern with people parking in the driveway and blocking access. City Attorney Shawn Guzman advised that the City can mandate no parking in the driveway for emergency vehicle access. City Manager Gary Esplin explained that the ordinance requires a 20' clear zone for emergency vehicle access and the City can enforce this requirement. A stipulation can be put in the motion that the Building Department or Fire Department will have to sign off on the project to make sure that access is protected for fire protection. LeeAnn Walters, applicant, explained that this has been addressed with the Fire Department. The lots are over one-third acre and there is plenty of room for the homes and parking. MOTION: A motion was made by Council Member Bunker to approve the final plats with the stipulation that the Oasis at Middleton plat be signed off by the Fire Department for access and the final configuration of the homes. SECOND: Mayor Pro Tem Whatcott seconded the motion. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a commercial building with a height up to 40' located at approximately 500 East Riverside Drive. Ence Homes, applicant. Assistant Planner Ray Snyder advised that the bulk of the building is beneath the 35' height limit, but a decorative portion of the building is 40' and prompts the need for the St. George City Council Minutes October 5, 2006 Page Seventeen conditional use permit. The Planning Commission recommended approval with the following conditions: 1. The building shall not exceed a maximum peak height of approximately 40' for a portion of the building, with the majority of the building height being only 30'. 2. The applicant shall meet the conditions of the traffic report approved by the City Traffic Engineer. 3. The material and colors shall be as presented. The elevator shaft exterior shall be slate, there shall be decorative cultured stone and stucco exteriors, the use of corrugated metal shall be subdued, roof top trim shall be painted metal, and all building colors shall be passive. MOTION: A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Mayor Pro Tem Whatcott. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor Pro Tem Whatcott called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for an electrical transmission system master plan to provide power throughout the City. Dixie REA and City of St. George, applicants. ...


City Council Minutes 11/29/2001:
...il Minutes November 29, 2001 Page Two DISCUSSION RE WATER AND POWER ISSUES: City Manager Gary Esplin explained the discussion would not cover rate structure or classification of rates, but would be about an overall framework of needs and assumptions to meet those needs to generate a revenue stream. He then reviewed the attached hand-out (Exhibit "A") with the Mayor and City Council. He explained that the pro forma done by George K. Baum built in a 4% annual increase in costs which would result in a 10 year rate increase. At the end of the tenth year, the City would have $2,000,000 in the water fund. Today it is even. Council Member Orton inquired about the average cost per resident for water. He was advised by Phil Solomon that the average cost is $48.00. Mayor McArthur commented that the State's average cost is probably around $26.00 to $27.00. Council Member Whatcott summarized that overall the City is looking at raising water rates 25% and increasing impact fees 40%, or raising water rates 27% and leaving impact fees alone. Council Member Gardner commented that perhaps the conservation plan would slow down the need for the increases. City Manager Gary Esplin replied that the City still must go out and get the resource; it must drill wells and build transmission lines. However, forced conservation would delay the need for bonding. Something else to consider is if the conservation plan is successful in reducing water consumption, then it will affect the City's ability to pay for these improvements. He proposed a phasing-in of the plan, with the first phase being the Sand Hollow Project. If conservation is effective and there is not much growth, then the next phase of the plan would not be needed. Council Member Orton stated the City's impact fees should remain competitive with other cities. Water and Power Board Chairman Ross Hurst commented that the City had to implement the first phase of the plan, and conservation, etc. will impact when implementation of the second phase is needed. City Manager Gary Esplin advised a public hearing was needed so the first phase of the plan could be implemented as soon as possible. Recommended changes in the rate structure will be presented to the City Council at a later date. Carol Sapp, representing the Southern Utah Homebuilders Association, asked what was the City looking at in hard numbers in terms of the impact fees, based on the matrix. City Manager Gary Esplin replied that the idea is to balance the impact fee so that it affects those who are creating the growth. Council Member Gardner commented that current impact fees are pushing reasonableness, and a balance was needed. Carol Sapp commented that while she was not endorsing the figure, a $2,200 water impact fee was within the realm of reason. She stated she was firmly convinced that conservation must play a role and the City must get serious in its conservation efforts. St. George City Council Minutes November 29, 2001 Page Three Mr. Hurst commented that only one raise in impact fees is proposed, and that raise is in Phase 1. There will be no increase in impact fees in Phases 2 or 3. City Manager Gary Esplin explained that a 40% increase in impact fees results in a 2% adjustment in the rate. Council Member Isom commented that conservation should be mandatory, and with regard to impact fees, if they are raised too high, this will affect the building industry and many other businesses in the City. With regard to power, Water and Power Director Wayne McArthur explained that the City must decide if it is going to buy a firm supply of power on the market. He reviewed the attached hand-out (Exhibit "B") with the Mayor and City Council. He explained that a 25% increase in rates will cover the next two summers, and the market rate for power right now is about 3?. He advised that UAMPS is facing a $48,000,000 cash flow problem, which the City is a part of, and he will be working on a UAMPS subcommittee to address this issue. City Manager Gary Esplin questioned how the loss would be allocated - by member, or member of pool using the power. He commented that the City's biggest exposure is to the market. Mr. McArthur explained that a conference call will be held with UAMPS and Logan to replace Hildale power, as Hildale will have the same problem this year as last, and they will probably face bankruptcy this summer. Carol Sapp questioned what the power impact fees would go to based on 75% of Alpha's study. She was advised by Wayne McArthur that he did not know, and to check with him tomorrow - but it should be 14% over the City's existing impact fees. Council Member Gardner wondered if City staff had the ability to make a matrix determining what impact fees would be vs. the fluctuations in the rates. Water and Power Director Wayne McArthur replied that George K. Baum was providing this service for the City. City Manager Gary Esplin stated that if the transportation corridor is not obtained, the City will have to do something else , i.e. a gas turbine. However, he believed the best alternative to be tapping the Black Rock line. Water and Power Board Chairman Ross Hurst suggested that rolling blackouts could solve the five week peak power issue. Mayor McArthur replied that this would not be a sellin...


City Council Minutes 05/03/2001:
...mber Orton Aye Council Member Whatcott Aye Conditional Use Permit - Power Transmission Line Mark Bradley asked that Council consider approval of a Conditional Use Permit for a power transmission line running from 3000 East at about 1450 South and down the east side of the City to about 3100 South, then west to Little Valley Road. The line would follow Little Valley Road south to the Ft. Pierce Industrial Park at about 4130 South. At 4130 South the line would go west to River Road and then up River Road to Brigham Road with approximately 5.2 miles of line in the project. Dixie Escalate Rural Electric Association (DEREA), applicant. Planning Commission supports this application. He said that Utility transmission lines (69kv or larger) are a conditional use in an Agricultural zone and will require a Conditional Use Permit for a substation at a later date when the site is chosen along 4130 South. Council Members asked why they did not use the existing easement on the westside of the street. Mr. Bradley told Council that it was his understanding that if the line was built on the westside of the road, they would be dealing with "hot" lines which would put the linemen at more risk and they can make a connection faster on the eastside. Staff supports moving the easement because of a drainage ditch which would have to be covered, piped or moved, and the fact that the centerline in the road is further to the east and when the 80’ masterplanned road is built, very little extra right-of-way will be needed. Council Member Gardner asked if the easement on the eastside will replace the one on the westside or if they want to keep both. Mr. Bradley indicated they will just retain one. Mayor McArthur invited Steve Crosby, DEREA, to the podium to explain this application. Mr. Crosby said that the current lines are overloaded and badly need to be updated. He said they had originally planned to build in their easement, but after talking to staff about the future of the road, they felt putting the lines on the eastside would facilitate road alignment. St. George City Council Minutes May 3, 2001 Page Six Council Members wanted to know if they stayed in the westside easement, could they accomplish the same purpose. Mr. Crosby said they could, but the lines would have to be set hot which is more of a danger to the linemen and a greater cost to the company. Mayor McArthur asked if anyone was here tonight to talk about this issue. Virginia and Rod Starling came to the podium. They said they own the property on the southeast corner of 3000 East and the road going out to Warner Valley. They had been unable to attend the Planning Commission meeting due to family business, but would now like to speak to the issue. They indicated they bought this lot as a retirement place and intend to preserve the full 20 acres as a unit. They fear that putting the power lines on the eastside of the road will lower their property value as well as make it less appealing for them. They said the canal is a drainage ditch and does not carry irrigation water. They felt that as that area of the City develops that ditch will no longer be needed. When they bought the property they knew there was an easement on the westside, but not on their side of the road. Council Member Gardner told those present he felt there were two issues. Setting the lines hot and who would bear the cost of covering the ditch when the road is widened. Gary Esplin said the City does not have money budgeted to cover the ditch. Roger Bundy felt the ditch would have to remain where it is in the future because it is a low place for the entire valley. Gary Esplin said an 80’ road can be constructed without doing anything to the ditch if the lines are erected on the eastside of the road. Council Member Isom arrived during this discussion. Don Rawlins, another property owner in the area, said he was told the City would pipe the ditch. Mr. Esplin said the City was not interested in piping the ditch. Mr. Rawlins was adamant that he wanted to know if he would have to pipe the entire ditch if he developed his property. Mr. Esplin told him the City could not offer a lifetime guarantee, however, if he were to develop his property under the rules and regulations of today, if the power lines stay in the existing easement on the westside of the road he will have to pipe the entire ditch if he develops his property. If the lines are moved to the eastside of the road he would only be required to pipe the ditch on the frontage of his property. Mr. Rawlins seemed satisfied with that answer. The Starlings returned to the podium and reiterated that they felt that as the Washington Fields develop and it becomes less agricultural the ditch will no longer be needed and can be filled in for a minor cost compared to the amount needed to construct the road. They felt moving the power lines would be a great inconvenience to them and in the end would not save much time or money in later years. Council Member Orton asked what the difference in cost would be working with "hot" or "cold" wires. Russ Condie, REA Engineer, said the difference is a 50% increase when working with hot wires. The distance in contention is approximately one mile, which would cost $170,000 plus the 50% for working with hot wires, plus the safety factor. Council Members asked what the time table is for this project. Mr. Crosby indicated the materials are ordered and they hope to start by September 1, 2001. He said it is imperative that the lines be in by next summer. He said 10 property owners have signed easements for the eastside. They want the power. Council Member Allen asked about the feasibility of running the lines underground. Mr. Condie, said that the price would be $200/ft. as opposed to $20/ft. St. George City Council Minutes May 3, 2001 Page Seven Council Member Gardner asked if the Council could take a field trip to the area with a DEREA representative and the property owners. He felt it was hard to see the entire scope of the problem without looking at the actual site. He felt Mr. Bundy could point out City property lines as well. Council Member Orton asked Mr. Crosby if a two week delay would be a problem for the DEREA. Mr. Crosby said he would welcome a field trip, but since they would need a Conditional Use Permit for either side of the road, could that be approved at this meeting. Gary Esplin and Jonathan Wright both felt that could not be done because property owners near the westside easement had not been notified of the last public hearing and would need to be given time a chance to share their input. Mr. Esplin said he could schedule a regular meeting for next Thursday and the Council could go on their field trip prior to that time and then possibly take action at the 5:00 p.m. meeting. Council Member Gardner made a motion that a regular City Council meeting be scheduled for next Thursday, May 10, 2001, with a field trip to the area of 3000 East 1450 South scheduled prior to that meeting. Council Member Orton seconded the motion and it passed as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Nay Seeing that it was passed 5:00 p.m., Mayor McArthur asked Bob Nicholson to introduce the public hearings. PUBLIC HEARINGS Mr. Nicholson asked that Council consider approving an amendment to the Planned Development zone for the Stonecliff project at 2600 East 1450 South to make changes in the original layout of the project and increase the number of homes from 513 to 573. Density will increased from 1.33 to 1.47 units per acre. Gail Maxwell, agent for Kay Traveller, applicant. He called Council’s attention to three plat maps showing the intended changes. He showed them that the present plan has loop roads instead of small cul de sacs and that the smallest lot is now 10,000 sq. ft. He indicated that 1450 South is the collector road that serves the development and that the applicant would need to make improvements concurrently with development. Gail Maxwell, agent for the applicant, said they are planning on developing 1450 South with the next phase of the subdivision. Mr. Nicholson indicated that the other issue is a small portion of property not finished to the edge of the recorded plat that would need to be taken care. If the applicant agrees to complete those items, the Planning Commission recommended approval. Gary Esplin said that staff had been having an ongoing dialogue with the applicant about the improvements on 1450 South. Staff may want the applicant to wait to work on 1450 South until the City can finish its portion of the road, for safety reasons. Mr. Maxwell indicated that the reason the one piece of property from phase I had not been completed was because Mr. Traveller and Mr. Dobson had dissolved their partnership and Mr. Dobson got that piece of property in the division. Mr. Traveller thought it would be Mr. Dobson’s responsibility to finish the work there. He said Lon Henderson would speak to Mr. Dobson and ensure that he understands this. Mr. Maxwell told Council that the difference between this and the original plat is that before there was 50,000 sq. ft. of open space and now there is 226,000 sq. ft. or an additional 135,000 sq ft. They have not decided exactly what the St. George City Council Minutes May 3, 2001 Page Eight open space will be, but they realize there are a lot of families moving into the subdivision and they will need places to play. Council Member Whatcott asked if all the open space is buildable. Mr. Maxwell said much of it is, but admitted much of it is not. Mayor McArthur, hearing no further questions from Council, declared the Public Hearing open and asked anyone who had come to speak to this issue to come forward. Ed Udiss, 2293 East Stonefield, came to the podium. He indicated he represented many neighborhood members who could not be in attendance tonight. He first complimented Mr. Traveller on the beautiful job he has done on this development and said that the neighbors do not want to criticize Mr. Traveller or oppose the density changes, but they do feel the need to request that Council help them get some say in how the open space is developed and where it is located in the subdivision. He said they cannot send their children to the park because it would require that they cross 1450 South which is too busy for children to cross alone. He said no one anticipated that this would be such a good area for families to buy a house, but there are many children there now and with the smaller lots and homes being built, he felt the number of children would increase. He said his mission tonight was to get Council to include some language in their motion allowing the residents to have a say in the development of the open space. Council Member Orton asked if there was a playground before the master plan change. Mr. Udiss said there was not, but the nature of the subdivision had changed and needs are different now. Mayor McArthur asked if there was a home owners association. Mr. Udiss said they do have one. He asked if the neighborhood was aware that a park was being planned near the Jensen subdivision which would be within ? miles of their homes. He sympathizes with their feelings, but felt that in a private subdivision, the home owners association and the developer need to work out their problems. Gail Maxwell asked that the neighbors judge them by what they have done to this point and trust that they too are interested in providing play space for the children. Mr. Udiss said they do trust Mr. Traveller, but wonder what would happen if he were to leave or sell out before the project is complete. Council Member Gardner asked Mr. Maxwell if they would be willing to commit to giving the home owners association now. Council Member Whatcott asked if they could space the open spaced more equally around the property. Mr. Udiss said a lot of the open space is not green space and they are looking for green space. Council Member Whatcott questioned whether or not, as this is an amended PD zone, Council could choose an area and require that a park be built and that the home owners association pay for it . Mayor McArthur asked if there were any more comments. Hearing none, he declared the Public Hearing closed. Council Member Allen asked Mr. Henderson if it was necessary to set a time limit on the work that needs to be complete. Mr. Henderson felt it would be difficult to set down a time limit, but he felt the documents are detailed enough that it will be finished one way or another. Mr. Nicholson said this is part of Phase I and he felt whoever recorded the plat was responsible for the work. Mr. Esplin thought there should be an improvement bond also. St. George City Council Minutes May 3, 2001 Page Nine Mr. Maxwell said they have time to work out the agreement because everything else is either on schedule or ahead of schedule. Council Member Isom made a motion to approve, by ordinance, the Planned Development zone for the Stonecliff project at 2600 East 1450 South to make changes in the original layout of the project and increase the number of homes from 513 to 573. Gail Maxwell, agent for Kay Traveller, applicant and, unless the developer and home owners association can come to an agreement over where there should be green spaces for the children to play upon, to designate, by ordinance, the lot west of #116 and East of #512 as a park. Council Member Allen seconded and the motion carried by roll call vote as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Conditional Use Permit - Student Housing Project Mark Bradley asked that Council consider approval of a Conditional Use Permit for a student housing project (Campus Villas) consisting of three triplex buildings with 9 units to be located on the north side of Tabernacle Street between 800 and 900 East. Dan Forsyth, applicant. Mr. Bradley told Council Members that the applicant’s request is to allow a student housing project within 1500 feet of Dixie State College in a C-3 zone. He said this item was tabled from the previous Planning Commission meeting, held on April 10, 2001, at the request of the applicant’s representatives because of issues revolving around parking spaces and occupancy standards. The original request was for three four-plex buildings with 12 units. The applicant adjusted the site plan to allow one parking space per student/occupant to comply with the pending parking standard ordinance, which ordinance will be heard on June 7, 2001 as a public hearing. This plan will also comply with the occupancy ordinance of 4 unrelated persons per unit. The applicant also switched locations of the parking lot with the building and agreed to install double-pane windows and additional insulation to comply with the requests of adjacent property owners in an effort to reduce noise. He said the Planning Commission recommends approval of the Conditional Use Permit with the foregoing modifications. Mayor McArthur declared a conflict because his business is a neighbor of the property in question. Council Member Whatcott expressed appreciation for the expanded parking and asked Mr. Forsyth if this housing will be for college students only. Mr. Forsyth said it would be. He indicated he has a waiting list now and he has not begun construction. Council Members asked what would happen if the day came when he could not fill the apartments with college students. Mr. Esplin suggested including an annual review of the conditional use permit to ensure it was being used for the designated use. Council Member Whatcott made a motion to approve a Conditional Use Permit for student housing only at Campus Villa with the stipulations that the applicant flip-flop the locations of the parking lot and the building, and install double-pane windows and additional insulation, and submit to an annual certification to ensure only students are housed in the complex. Council Member Allen seconded. Council Member Gardner expressed his concern about surrendering any commercially designated property for housing purposes. Council Women Allen said she also had doubts, but now felt the apartments fit well in the area. St. George City Council Minutes May 3, 2001 Page Ten Mayor McArthur expressed similar feelings as Council Member Gardner, that valuable commercial property may be wasted. Jonathan Wright reminded Council Members that there are certain conditional uses designed in the Zoning Ordinance and if they do not want to see residential in a commercial zone, perhaps they need to change the conditional uses permitted in C-3 zones. McArthur called for a vote on the motion. The motion passed as follows: Council Member Gardner Nay Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Mark Bradley expressed his opinion that with the continued growth of the college with I-15 on one side and residential on other side, this will be a good compromise to be able to provide housing. Site Plan and Building Elevation - Doctor’s Free Clinic Mark Bradley asked that Council consider approval of a site plan and building elevation for the Doctor’s Free Clinic to be located west of the Post Office on Riverside Drive. Dan Steurer, representing the Rulon Cox family, applicant. Mr. Bradley told Council Members that the facade of the building will be of cultured stone and stucco and the roof will be of tile. The original plan showed a building footprint in this vicinity, but no elevations were provided at the time. Staff also needed time to ensure that the building would not be in the floodplain. Looking at the building elevation, the Council was dismayed at the colors portrayed. Dan Stewart, of the Home Builders Association, assured the Council that the color was not reflective of how the building would be painted. He said it will be more sand colored and will not have a red roof. He will submit color changes at a later date. Council Members agreed that this facility is needed and will be a good thing for the community. Council Member Gardner said that although he would prefer to keep Riverside Drive open space, he felt it was very generous of the Coxes to have donated the land. He made a motion to approval the site plan and building elevation for the Doctor’s Free Clinic to be located west of the Post Office on Riverside Drive. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Council Members discussed whether fees could be waived as long as the facility remains in the same use. Mr. Esplin said they could not discuss that until it was heard at a public hearing. Fee Waiver and Overnight Use of Tonaquint Park - Dixie Amateur Radio Club Gary Esplin asked that Council consider approval of a fee waiver and overnight use of Tonaquint Park for the Dixie Amateur Radio Club on June 23 and 24, 2001. He told Council Members that this group annually donates 24 hour use of their radio system to coordinate efforts in case of an emergency. In the past they have asked to use Worthen Park for this event, but this year would like to change the venue to Tonaquint Park. St. George City Council Minutes May 3, 2001 Page Eleven Council Member Isom made a motion to approval a fee waiver and overnight use of Tonaquint Park for the Dixie Amateur Radio Club on June 23 and 24, 2001. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye 72-Hour Liquor Permit - Outdoor Writers’ Guild Gary Esplin asked Council to consider approval of a 72-hour liquor permit for the Outdoor Writers’ Guild at the Dixie Center on June 1-6, 2001. He said this is a major national convention. Council Member Whatcott made a motion to approve a 72-hour liquor permit for the Outdoor Writers’ Guild at the Dixie Center on June 1-6, 2001. Council Member Isom seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye Beer License - Tri-Valley Distributing Gary Esplin asked Council to consider approval of a beer license for Tri-Valley Distributing located at 141 Brigham Road. He said this license did not get changed to the new owner’s name. They paid it the first year, but not the second. The applicant is willing to pay for last year and this year if the license is approved. There is no problem with the license, especially as it is not a new license. Tri-Valley has several beer licenses in the City already. Council Member Isom made a motion to approve a beer license for Tri-Valley Distributing located at 141 Brigham Road. Council Member Allen seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye. Professional Services Agreement - R.W. Beck Gary Esplin asked Council to consider approval of a professional services agreement in the amount of $51,500 with R.W. Beck for strategic planning for the Water and Power Department. The Water and Power Board recommends approval of this study. They feel that with deregulation and the energy crisis, we need to get an outside opinion to validate our study. Council Member Allen made a motion to approve a professional services agreement in the amount of $51,500 with R.W. Beck for strategic planning for the Water and Power Department. The motion was seconded by Council Member Isom. Council Members were uneasy spending more money on studies and asked how this one would be different or why it was needed. Mr. McArthur told Council Members that this study will go beyond the rate study just done. It will study the City’s position in the market and analyze how it does business. It will give the City information on whether it should get into new areas of service or divest itself of existing services, organization and location of the existing Department, what services the City should St. George City Council Minutes May 3, 2001 Page Twelve provide and what should be contracted by the local sector. It will also look at wind and sun power generation. Mr. McArthur said we may have known the answers years ago, but everything is changing at a rapid pace. The City does not have the expertise to do this type of study, because it does not deal with these issues on a national level. He said this will give the City a cross check on its direction. Mr. Esplin told Council that the study is set up in five parts and it can be closed at the end of any of the sections, if necessary. Hearing no further comments or questions, Mayor McArthur asked for a vote on the previous motion. It passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye. Water Rights Purchases Gary Esplin asked that Council consider approval of agreements between the City and B. Don Taylor II and Lynette C. Taylor, the City and B. Don Taylor and the City and ERO Construction Company for the purchase of water rights. The proposed purchase price is $500 per acre foot. It is City policy to purchase water whenever possible. Council Member Isom reminded Jonathan Wright that the laws regarding Quit Claim Deeds have changed significantly and offered to obtain the new forms for the Legal Department. Council Members then asked if they could make one motion for all the purchases. The were informed by Mr. Wright that they could, but would need to cite each purchase by name. Council Member Gardner made a motion to approve a agreement between the City and B. Don Taylor II and Lynette C. Taylor, the City and B. Don Taylor and the City and ERO Construction Company to purchase water rights. Council Member Whatcott seconded and the motion passed unanimously as follows: Council Member Gardner Aye Council Member Allen Aye Council Member Isom Aye Council Member Orton Aye Council Member Whatcott Aye. Fiscal Year 2001/2002 Budget Gary Esplin distributed three-ring binders containing the proposed 2001-02 budget to meet state law. He said the total budget was approximately $105,000,000. He reported that the budget is balanced and no tax increases are necessary. There are 28 different funds and 60 different budgets. He asked for a resolution to approve the preliminary St George City Budget for 2001-02. Mr. Esplin suggested that public hearings be scheduled for June 7, 2001 and June 21, 2001 to consider the budget, and for final adoption on June 21, 2001. Council Woman Isom made a motion to approve the preliminary 2001-01 budget and set the public hearings as recommended. The motion was seconded by Councilmember Allen. No vote was taken. Council Member Isom said she would like the Council to go to the Holiday Inn and spend some time sequestered and get it done. The date was set for Tuesday, May 15, 2001 from 7:00-9:00 a.m. Gary Esplin will make the arrangements. Council Member Orton asked to be excused at this point. St. George City Council Minutes May 3, 2001 Page Thirteen OTHER BUSINESS Council Member Whatcott asked Wayne McArthur to clarify the discussion which was held last Council meeting regarding the power cost adjustment. Mr. McArthur assured Council Members that everyone would be paying their fair share. He said that there are some small businesses that will not see a large increase because they now pay more than the other users. Otherwise, everyone will be involved in the 50% power rate increase this summer. He said if everyone can save 15% on their...


Apply for Utility Services:
...mington, Bloomington Hills, Little Valley, etc.) area is provided by Dixie Power.  Their office is located at 145 W. Brigham Road in St. George.&...


GIS - Maps:
...iding geographic mapping and analysis for the City. Our goal is to use the power of GIS to improve City functions and achieve cost savings thru increa...


Standard Specifications and Drawings:
...ument have been modified by the St. George City Public Works and Water and Power Departments to meet the needs and requirements of the City of St. Geo...


Welcome to St. George Outdoors!:
...George Outdoors, also known as SGO.    At SGO, we believe in the power of the outdoors to create moments of growth and learning that cannot ...


Arsenic Information:
...visit; E.P.A. Federal Register "No human studies of sufficient statistical power or scope have examined whether consumption of arsenic in drinking wat...


Bloomington Generation Facility:
...astewater facility.    If you have any questions pertaining to power generation, please feel free to call anytime at 627-4800.  


Community Action Teams - CAT:
...nts of the city to include Police, fire, code enforcement, streets, water, power, and parks. The primary goal of our C.A.T. Teams is to work toge...


The Canyons Complex:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Silkwood Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Millcreek Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


St. James Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Tawa Pond:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Zion Square:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Vernon Worthen Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Hela Seegmiller Historical Farm:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


The Fields at Little Valley:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Town Square:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Pioneer Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Christensen Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Centennial Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Brooks Nature Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


College Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Cottonwood Cove Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Tonaquint Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Cox Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Bloomington Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Bloomington Hills Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


1100 East Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


City Parks:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


2450 East Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Black Hill View Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Bloomington Hills North Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Blake Memorial Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Dixie Downs Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Crosby Family Confluence Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Sandtown Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Royal Oaks Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Shadow Mountain Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Slick Rock Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Sunset Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Springs Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Firehouse Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Petroglyph Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


J.C. Snow Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Hidden Valley Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Larkspur Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Forest Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Middleton Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


Mathis Park:
Does my reservation include use of the power/water? Yes, there are outlets in the pavilion.  The outlets are ...


City Council Minutes 08/24/2004:
...dent regarding problems related to this project. He indicated the lot had power, water and sewer service. The first step in the JUC process is to get a power design. It didn?t take long to get the power design done, sewer and water service was already there but it still had to go through the entire review process. One frustration in the review process is that there are multiple reviews. Some of the things on the final redline should have been picked up in the first review. One issue involved a fire wall that separated the shop from the office area. There was a lot of negotiation regarding the design the fire wall, the person that reviewed it in Las Vegas thought it should be done differently than as designed on the plans. He discussed the placing of the power panel. The City Power Department decided that the plan approved by JUC wasn?t the way it was going to built. So staff decided a new power pole and transformer should be put in at an additional cost of $13,000. A sewer line was not identified on the plan which ran right through the property, it cost of about $4500 more to do the sewer differently than on the plans. A six inch water service was to the property and the Water Department required a new water service and meter. The street inspector that checked the storm detention on the project and indicated it needed to be rip rapped, another cost of $4,000. The inspector failed inspections that should have been handled on prior inspections. He indicated the fire wall had to be redone to match the way it was designed in the first place which affected the ceiling in the building causing it to be reworked. The bottom line is that cost over runs were approximately $41,500. His company lost money on this job; the owner has had to find additional financing. The point he is trying to make is that the process is inefficient, the job took longer than it should have, and there was twice as much money in design costs than it should have had. The process added no value to the building. Council Member Gardner asked if Mr. Jennings was saying that the decision made in the field was an appropriate decision or that it could have been done without JUC or that JUC isn?t working. Gilbert Jennings indicated he doesn?t know. Doug Watts asked what the point of JUC is. Larry Belliston commented that the things Mr. Jennings spoke about are major changes made in the middle of a project. He indicated he has had to correct City mistakes before permits can be issued. He explained his other concerned is resolving conflict resolutions. Greg Mathis commented that when JUC was instituted in 1993 or 1994 there was a need to coordinate the process to make sure utilities were stubbed to the lot. On the commercial side there is a different focus. His frustration with JUC is the time it takes to get a completed plan. If it?s going to be revised based on the expertise in the field why take it through the reviews in the office? Doug Watts commented that rather than going through JUC first, have the plans go through concurrently or during construction because the building is done first and site done after the building process. Greg Mathis commented that another example is the Starbucks building the reviews went through quickly, but on site three utilities were revised. Mayor McArthur asked if there is a reason for doing the power design first. Gilbert Jennings commented that it?s because the Power Department runs JUC. There was discussion regarding water and power designs being done at the same time. There was discussion regarding utilities outside the City doing their footwork separately rather than through JUC. Council Member Orton commented that his understanding is that JUC was started to bring all utilities together at one time to address site plan issues. There was a discussion concerning what utilities attended the JUC meetings and what the plan process involves. There was discussion of having those who can make decisions attend the JUC meetings. Council Member Whatcott reviewed the earlier discussion regarding the field being the place where the experts were, if so having a room of decision makers may not work. Gilbert Jennings commented the plan brought to JUC will not be perfect. There is no perfect plan at the beginning of a project, there are always changes. He commented that if he wants to build a building in Cedar City, he attends their DRC meeting. Attending that meeting is a City Engineer, Utility Department representative and others. They will indicate the changes needed, decisions are made at the time of the meeting. He would like to see a decision maker at JUC. Council Member Whatcott asked if Mr. Jennings is suggesting the field person would not be able to over ride the decision maker in the office if decision makers were involved with the JUC meetings. Greg Mathis explained the frustration is in spending six to eight weeks to get a perfect plan which can?t be done. Gilbert Jennings commented that coordination in the field has to be done with all the utilities throughout the inspection process. The time frame in getting a plan approved and then in process of construction was discussed. Gilbert Jennings asked why is there a requirement to go back to JUC on projects that are subdivisions when the utilities are already to the lot. There was discussion regarding construction beginning before projects have gone through the JUC process. Greg Mathis suggested the developer can coordinate the gas, phone and cable, as long as the City utilities are taken care of. He indicated Orem City has a project manager assigned to each project. Gilbert Jennings suggested putting the JUC stamp on the plans and if the phone, cable etc can approve it on the spot they can sign it right then. Council Member Orton commented that if the staff were here; they would have a different perspective on the situation. He asked for an example of businesses that didn?t located here because of City delays. Gilbert Jennings indicated he is not here to make that claim today; he can?t answer that question today. Doug Watts commented that a company named Aquatic went to Mesquite rather than the City of St. George. Council Member Orton asked if that is because Mesquite could get through the process faster. Doug Watts replied no, there were various reasons. He commented that in Hurricane he went through the planning and construction phase in five months, in Cedar City it took four months. Council Member Orton pointed out that Cedar City?s growth rate is not as high as the City of St. George. He explained the council asked for and got information from staff that indicated the time for approval was faster than other cities that compare with the City of St. George with respect to the rate of growth. Doug Watts indicated the council should be especially aware of companies and should squeeze the process down and make sure we?re winners. Mayor McArthur commented that some projects have been pushed through process quickly. There was discussion regarding the work done by Mr. Loo; that the process has improved over the last year or two. There was discussion concerning the length of time it takes to go through the City?s approval process, which it compares favorably with other areas experiencing a similar rate of growth. The affects of the process moving more quickly and the affect it would have on growth was discussed. Larry Belliston indicated he built a 10,000 square foot medical building in another City. The plans were approved and the building completed in eight months. A similar building took over a year in the City of St. George. Council Members Orton and Whatcott asked where the other building was constructed. Larry Belliston indicated it was in South Ogden. Mayor McArthur asked what can be done to make the process better. Doug Watts suggested prioritizing projects as to what is most important. Mayor McArthur asked what criteria to would be used to prioritize. Gilbert Jennings explained he has engaged a law firm to do some research on this issue. Doug Watts commented that once a plan has been given a priority, the developer can go to JUC and he would like to be able to meet again the next day rather than meeting next week. He suggested there be someone in house that is not overloaded to review the plans. Greg Mathis indicated that he has been designing the Las Palmas buildings which have gone to different reviewers who had different changes, although the plans were the same. Larry Belliston commented that he is concerned with conflict resolution. If the individual makes a decision that you disagree with how do you resolve that. There was discussion concerning the decisions which are made based on code. Larry Belliston provided examples of conflicts there were difficult to resolve. He indicated the entrances into the Dixie Sunset Plaza became an issue. It was resolved when the State overrode the City decision. He reviewed another conflict with respect to a tenet improvement in the Dixie Sunset Plaza. There was a code change during the construction which caused conflict. Council Member Gardner asked if Mr. Belliston was suggesting the building official wouldn?t meet with him. Larry Belliston replied no, staff met with him but there was disagreement on the issue and trouble resolving the issue. Council Member Whatcott pointed out the State didn?t override the City; it was a clarification that resolved the issue with respect to the entrances. A code change that was made during the construction of the tenet improvement was discussed. Larry Belliston commented that there was no way to resolve the conflict. The other issue is that staff uses the power structure to coerce things. The issue had to do with a site traffic issue. He indicated he proposed to put the road in place and stand on the site and make a decision. He got a permit to push the dirt and get it started in June, two days later it was denied, he finally got approval to start this last Wednesday. He stated there needs to be some way to resolve the conflict and balance the power. Council Member Gardner commented that hopefully this can be a p...


City Council Minutes 11/14/2013:
... of the Utah Heritage Foundation ,distributed two handouts and presented a power point presentation which covered the following topics: Profits Through Preservation: The Economic Impact of Historic Preservation in Utah; Jobs and Income: Private Investment in Historic Buildings Using Tax Credit 1990-2012, $1,000,000 Spent on Historic Rehabilitation, Jobs - Federal Historic Tax Credit Projects, Income - Federal Historic Tax Credit Projects, Jobs from Historic Rehabilitation Projects 1990-2012, Industry Comparison in Utah Jobs and Income/$1 Million in Production; Downtown Revitalization: Change in Downtown Sales 1997-2010, Impact of Historic Rehabilitation on Vacancy Levels, Catalytic Impact - Gunnison, 35 Years of Preservation -based Downtown Revitalization - Brigham City; Sustainability: Material Flows, Tons of Material Flows, The Environmental Cost of Demolition: Utah Historic House; Property Values: Provo, Park City, Ogden, Logan, Salt Lake City, Average Value Change 2001-2012 Salt Lake City Local Historic Districts, Average Value Change 2001-2012 Foreclosures Salt Lake City 2008-2012, Foreclosure Rates 2008-2012, All Price Ranges - Local Historic Districts Average Value 2012, Single Family Foreclosure Rates 2008-2012; Heritage Tourism: The “Heritage Tourism” Challenge?, Characteristics of Heritage Tourism, Regional Tourism Patterns, Heritage Visitors (narrowly) Defined, 2012 Visitation, Heritage Tourism Expenditures, Where Heritage Tourism Dollars Go, Heritage Tourism Expenditures Create Jobs, Heritage Tourism Jobs Mean Paychecks; Fiscal Responsibility: Preservation Commission Rulings 2004-2012. Councilmember Almquist stated that the City does not typically have residential historic areas. He asked how a community designates an area in which there are more historic homes not inside a historic area. Mr. Huffaker advised, in order to get the residential tax credit, an area or individual property would need to be listed on the national register. Doing this provides no protection, an owner can still demolish a home. City Manager Gary Esplin stated this has been done that in the past. Mr. Huffaker advised there are no tax credits for small commercial buildings. His committee has been in contact with the State to discuss their concerns. Bob Nicholson mentioned the old H&R Block building. The prospective purchaser wanted to tear the building down; however a new buyer came in and decided to preserve the building. St. George City Council Minutes November 14, 2013 Page Three PRESENTATION FROM MR. KENDALL CLEMENTS FROM ESCAPE PROPERTIES: Mr. Kendal Clements with Escape Properties presented a powerpoint presentation which covered the following topics: Short Term Rentals; Who is “Escape Properties”; “Escape Properties” is also; What is the ‘crime’? What is the code trying to prevent?; Challenges to the Current Approach; Second homes & nightly rentals are part of us - they’re not going away; What if the city code and city’s approaches changed from punitive to constructive; The proposal and next steps. He currently has houses throughout the state. Park City has a similar code to what he is proposing. City Manager Gary Esplin stated he would like clarification on code enforcement issues. This ordinance came about because neighbors were upset rental houses were being used as “party houses”. The City tried to control how frequently houses are rented to protect the neighbors. Most of the proposals Mr. Clements spoke of are already in code. City Attorney Shawn Guzman he stated is it unfair to use some of the language regarding code enforcement, as this is going on all over the City and code enforcement officers have not gone after these individuals. The officers were directed by the City Council to address the issue because of the citizens that have complained. Mayor Pro Tem Pike stated code enforcement officers are not hunting people down. He would like to start with reviewing the ordinance and look at other successful models. Mr. Clements stated he has had good experiences with code enforcement officers in the past. He would like to be involved with the process going forward. Councilmember Almquist advised he understands some people would rather stay in a home than a hotel, even for a short stay. He would like the guidelines be similar to what a regular homeowner would do. PRESENTATION ON ELECTRIC THEATRE IMPROVEMENTS AND SCHEDULE: Leisure Services Director Kent Perkins presented a power point presentation which covered the following topics: Needs Assessment Follow-up; Adaptive Reuse; Art Coop Spaces; Toronto and Philadelphia; Waterworks, Tulsa, OK; Wisconsin; Hendrick Center fo the Arts - Beloit; Cultural/Arts/Creative Districts; Map of Downtown District; Art Center/Children’s Museum; St. George Art Museum; St. George Social Hall; St. George Opera House; Pioneer Courthouse; Tabernacle/Town Square; Wash. County Library & Zion’s Staircase Gallery; East Annex; Art Business; Private Galleries; D.U.P. Museum; Ancestor Square; Andrus Home; Electric Theater Facility, Restoration/Renovation Options; Using the facility; map of the first floor. City Manager Gary Esplin spoke about the aerial map of the four buildings. He advised improvements to buildings B and C would require a significant amount of funds. It would be more feasible if buildings B and C are demolished and rebuilt to what it was historically. The maps showed what the proposal would be if the two buildings were demolished and rebuilt. He has had discussions with the property owner to the west, who has concerns with the alley way which the City owns. In addition, he spoke with Southern Utah Title who owns the building to the east with regards to getting access through their parking lot. They are willing to work with the City to provide access. Mr. Perkins continued with his power point presentation which covered the following St. George City Council Minutes November 14, 2013 Page Four topics: map of the lower level; upper level of building D; a simulated picture of what it would look like after the remodel; cost of the project. City Manager Gary Esplin read a letter from the Arts Commission which states they support the changes of the Electric Theater. Mayor Pro Tem Pike inquired about installing walls that may create separations for future use. City Manager Gary Esplin stated the concept is that each group would create their own facade. The City would develop the common area. He advised, if estimates are correct the cost would include the walls, floors, restrooms, elevator, basement, skylights, etc. The building could operate with just the shell. Funds would come from the capital development funds, pending property sales and economic development funds. This year’s budget includes $250,000 to make the Electric Theater building structurally sound. Councilmember Almquist commented there are a lot of arts groups with no where to go. Years ago the vision was to have one center for all to use, which would be expensive. He believes this building would be of use to these groups and sees it as a commitment to the downtown area. City Manager Gary Esplin stated when you think about the square footage, if a new building had to be built including parking, it would cost more than the proposal. This would complete the historic restoration in the area. Not only would this solve the arts issues, it is also an investment in the economic development of the downtown area. He would like to get started with the restoration. Councilmember Nickle stated the Electric Theater was purchased with the intention of using it. He would like to see the restoration started. Councilmember Hughes stated that although he understands something needs to be done, he is a bit concerned with the fact that this is not a top priority. People will have to recognize that there are a number of things going on. He would like to see things done right the first time and does not want to see it sitting there unused. Mayor Pro Tem Pike stated that what Mr. Perkins described was accurate; the theater will not work for everyone in the arts community. He inquired what funds are available. City Manager Gary Esplin advised he will know very quickly what resources may be available. Consensus of the Councilmembers is that they would like to go in this direction. CITY HALL EAST ANNEX: City Manager Gary wanted asked Mr. Perkins to give an update on the City Hall East Annex. Leisure Services Director Kent Perkins introduced Jeff Peay, the new Parks Planning Manager and Henry Sudweeks, a new Landscape Architect. He presented a power point presentation that covered the following topics: Pictures of the Outside of the Building; Phased Development Plan. City Manager Gary Manager explained that the Recreation Administrative offices would move to the City Hall East Annex as there are issues at the current Recreation Center that need to be addressed. The renovation of the inside of the building is funded in the current budget if the bids come in as expected. Mr. Perkins continued with his power point presentation which covered the following topics: City hall East Annex revised Concept 11-6-13; Elevation View; Entry Perspective. Landscape Architect Millie Cockerill stated the proposed budget for the entry portion is approximately $285,000.00. City Manager Gary Esplin advised the budget includes $750,000.00 for the entire building. The project will be going to bid soon. Councilmember Almquist inquired how patrons will get from City Hall to the East Annex. City Manager Gary Esplin stated he is a bit of this is a bit of a concern with the speed of drivers coming down the hill. Mayor Pro Tem Pike called for a five minute recess. PRESENTATION ON THE ALL ABILITIES PARK PROJECT: City Manager Gary Esplin stated he wants this project to be a quality experience, in a park setting, that is second to none. He would love to see others from all over the country come to visit. He explained that a planning group from California has donated their time to assist in the pre-planning. Mr. Perkins presented a power point presentation which covered the following topics: All-Abilities Park; Concept. Landscape Architect Henry Sudweeks continued with the power point presentation which covered the following topics: what is an all-abilities park; What would our playground look like?; water play; sand/dig play; sensory garden; retreat pods. Mr. Perkins continued with the power point presentation covering the following topics: phase I - All Abilities Playground; How do we pay for it?. City Manager Gary Esplin advised one possible source of funds could be refunding of the GO bonds issued for parks and recreation projects as long as interest rates stay low enough to allow present value savings. The bond refund cannot be done until June when the budget is adopted. Funds can only be used for bond related, park related projects. Another source of funding could be from a piece of property, near the Dixie Center, that is currently under option for purchase. In addition, there are possible fundraising opportunities. There are federal funds available through the CDBG program but the concern is what the requirements or strings would be. Mr. Perkins continued with the power point presentation which covered the following topics: Phase II - All abilities park build-out; phase III - train; Tonaquint Nature Center. City Manager Gary Esplin stated adding this park would make that area incredible. Councilmember Elect Michele Randall gave kudos to Mr. Perkins for putting together this project. St. George City Council Minutes November 14, 2013 Page Five City Manager Gary Esplin stated that if the Council feels good about the project, he will find the funding. The consensus of the Council is to move forward. Councilmember Almquist stated there are a number of individuals that would like to volunteer at a facility such as this. Mr. Perkins stated there is a possibility to purchase land to the north and west for expansion of the Cemetery and the Nature Center. PRESENTATION FROM SUNTRAN REGARDING STAFFING ISSUES: Public Works Director Larry Bulloch advised his SunTran Division has significant issues with staffing. They currently have 15 full time bus drivers and 8 part time bus drivers that cannot exceed 28 hours worked per week. He stated there was an incident recently, in which an injury occurred on a bus, which caused the driver to be 15 minutes behind schedule which in turn caused every line to be behind schedule. He presented a power point presentation which covered the following topics: Current and Proposed Manning; Change 3 Part to Full Time; Balance the Budget; Potential Max of Advertising Revenue; Bus Ridership at Capacity. The consensus of the Council is to go ahead with the staffing changes. City Manager Gary Esplin stated it is hard to find part time drivers. He is still concerned with the match as well as funding issues. Mr. Bulloch stated the FTA regulations specify what qualifies for a match. Contract revenues can qualify for matches, not passes or fees for riding the bus. City Manager Gary Esplin advised fees may need to be looked at. PRESENTATION ON MALL DRIVE BRIDGE AND SCHEDULE, ETC: City Manager Gary Esplin advised bids have been received for the Mall Drive Bridge; the low bid is $7.4 million. Although a request for a biological opinion from the U.S. Fish and Wildlife was submitted on July 29th, there is no federal statute that requires them to respond in a timely manner. The City has not yet received an answer. Because of spawning time of the woundfin minnow, the City cannot be in the Virgin River from April 15th to August 15th. The City has 90 days to award the bid to the contractor. Transportation Services Manager Cameron Cutler presented a power point presentation that covered the following topics: Mall Drive Brid...


City Council Minutes 05/22/2003:
...d a plan has been submitted to and approved by the JUC showing underground power, now Dixie Escalante Power wants to put the lines overhead. They are saying council authorized overhead power in the industrial area. He would like some clarification on this issue. Council Member Gardner suggested a meeting with all the entities to discuss the issue. Marc Mortensen indicated Energy Services Director Solomon asked Dixie Escalante Power to come back to JUC with the plans that indicate where the poles will be placed. He indicated the plans for the Blue Bunny facility don?t show overhead power yet they are setting poles also. The group discussed how the exception would be made. It could be done because existing power is overhead. Marc Mortensen pointed out that power for phases one and two of the Blue Bunny facility are underground and phase three is overhead. City Manager Esplin commented that this is something that needs to be sorted out before more work is done. Dixie Escalante Power has said the developers told them the City had approved overhead lines. Community Development Director Nicholson indicated this topic came up at a lunch meeting he attended with Dixie Escalante Power and they said it was approved at the time the development was formed. Howard Dalton said he understood it was OK for the laterals, 69KV and feeders to be overhead. City Manager Esplin indicated a meeting will be held to sort it out. The plans submitted to JUC that are approved with the power shown underground and now that construction is going on the power is going in above ground. Review proposals for City Office ...


City Council Meeting Minutes Minutes 06/15/2017:
...rried.   AWARD OF BID: Consider award of bid for the Bluff Street power relocation project.   City Manager Gary Esplin advised this bid is for the Bluff Street power relocation project.   UDOT will reimburse the City for the cost.  Staff recommends rewarding the bid Tri-State Electric & Utility, Inc at the amount of $587,329.35.   MOTION:      A motion was made by Councilmember Hughes to award the bid to Tristate Electric for the Bluff Street power relocation project in the amount of $587,329.35. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   DAYTIME WATERING RESTRICTIONS: Consider approval of the implementation of daytime watering restrictions for those irrigating with culinary water.    Rene Fleming explained they completed the most recent WaterSense toilet rebate program, 1,010 toilets were replaced saving 326,000 gallons - should save over one million gallons per year with this project.  There is $2,500 remaining in the fund to offer rebates.  She then outlined the daytime watering restrictions and requested implementing mandatory water restrictions - having customers water between the hours 8:00 p.m and 8:00 a.m. to avoid losing water due to evaporation.    MOTION:      A motion was made by Councilmember Randall to implement daytime watering restrictions for those irrigating with culinary water from 8:00 a.m. to 8:00 p.m. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:             Mayor Pike called for a vote, as follows:     St. George City Council Minutes June 15, 2017 Page Three   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.    LOCAL CONSENT: Consider approval of a local consent for a full service restaurant liquor license for the Hyatt Place St. George/Dixie Convention Center located at 1819 South 120 East.  Jim Burgess, applicant.   City Manager Gary Esplin explained this is for the new Hyatt Place that will soon be completed.  The applicant meets requirements of the ordinance.    MOTION:      A motion was made by Councilmember Arial to approve the local consent for a full service restaurant liquor license for the Hyatt Place St. George located at 1819 South 120 East. SECOND:        The motion was seconded by Councilmember Randall. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   LAND LEASE AND POWER PURCHASE AGREEMENT: Consider approval of a land lease and power purchase agreement at the existing Bloomington Substation site.   Energy Services Director Laurie Mangum updated the Council on the solar power purchase agreement which was discussed at a recent work meeting.    James Van Fleet reminded the Council what was discussed at the work meeting.    Mayor Pike noted that this agreement will allow the City to have solar power at a rate at or below what is paid for coal, on property owned by the City.     MOTION:      A motion was made by Councilmember Randall to approve the land lease and power purchase agreement at the existing Bloomington Substation site. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye St. George City Council Minutes June 15, 2017 Page Four           The vote was unanimous and the motion carried.   City Manager Gary Esplin added that there is a savings in transmission costs by having power generated in a City facility.   Councilmember Hughes stepped out.   AIRLINE USE AND LEASE AGREEMENT: Consider approval of an airline use and lease agreement with SkyWest Airlines.   City Manager Gary Esplin explained this is a standard agreement.  SkyWest would like to expand space.   MOTION:      A motion was made by Councilmember Randall to approve the airline use and lease agreement with SkyWest Airlines. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   FEE WAIVER/SIGNAGE: Consider approval of a fee waiver for the use of the Electric Theater and for signage for the Smithsonian exhibit.  Bobbi Wan-kier, applicant.   City Manager Gary Esplin stated presented the request for a fee waiver and a new special event permit and to also approve signage.  Staff is a bit concerned with the budget for fee waivers and some of the signs.   Councilmember Hughes returned.   Applicant Bobbi Wan-kier outlined the Smithsonian exhibit.    Ron Brown, Board Member for Arts to Zion, outlined the Board’s purpose.  They decided to develop an aggregate site that will list artists and galleries in the County.  The idea is to reach outside the community.    Ms. Wan-kier requested fee waivers for the use of The Electric Theater, Dixie Academy Building, and the Historic Courthouse, if available so they can offer this free of charge.   She then asked for designated parking spots in the Main Street Parking Plaza.  The museums listed in the handouts have been collaborating with them.    The Council discussed waiving the fees as they do not waive them typically and the amount of the fees requested to be waived as well as the signs complying with the ordinance.   Ms. Wan-kier also requested the use of the digital boards and a banner on the City’s website.   MOTION:      A motion was made by Councilmember Arial to approve a fee waiver for a special event permit for a lecture and tour during August 19, 2017 through November 4, 2017 for the use of the Electric Theater, the Dixie Academy St. George City Council Minutes June 15, 2017 Page Five   Building, 3rd floor of the Children’s Museum, and the Pioneer Courthouse; mainly for those items approved through the City with advice of staff, noting that the City would be a formal sponsor. SECOND:        The motion was seconded by Councilmember Baca. VOTE:              Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/AMEND PD-C ZONE/ORDINANCE: Public hearing to consider amending the 3D Commercial Planned Development zone to develop a retail store with warehouse space and to add “retail for construction equipment and supplies” to the existing 3D use list.  Jeff Mathis, applicant.   Planning & Zoning Manager John Willis presented the request to amend the 3D Commercial Planned Development zone.  He presented a PowerPoint presentation covering the following topics: vicinity map; zoning map; general plan map; summary of request; photos of what the applicant sells; site plan; elevations; and photos of the site.  Planning Commission recommended approval with standard conditions.  The applicant meets the parking requirements.   Applicant Jeff Mathis thanked the Council for their time.  He noted that they feel this project meets the area.   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Baca to amend the 3D Commercial Planned Development zone to develop a retail store with warehouse space and to add “retail for construction equipment and supplies” to the existing 3D use list. SECOND:        The motion was seconded by Councilmember Randall. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/AMEND FISCAL YEAR 2016-2017 BUDGET/RESOLUTION: Public hearing to consider amending the Fiscal Year 2016-2017 Budget.   City Manager Gary Esplin outlined the proposed amendments to the Fiscal Year 2016-2017 Budget as follows: 1) To carryover the remaining portion of the budget approved in the prior fiscal year for the General Fund’s share of the new Fleet Building project; 2) To St. George City Council Minutes June 15, 2017 Page Six   budget for an emergency purchase to replace an equipment lift which failed in the existing Fleet Services building and to fund part of the costs by re-allocating the unspent portion of Fleet’s Insurance and Surety Bonds budget; 3) To budget for being awarded a RAP Tax Grant from Washington County to advertise and promote the City’s Art Museum exhibits and events; 4) To increase Softball Tournament/League revenues and corresponding expensed due to increased participation and tournament growth.  Budget amendment is also for emergency replacement of a concession stand fridge and ice machine; 5) To increase SHAC operating expense budgets due to unforeseen repairs to equipment, safety-related repairs, and grand re-opening costs; and offset by anticipated increased revenues or by under-spending of the Outdoor Pool’s budget; 6) To budget for improvements made during the current fiscal year to the City’s building at 136 N. 100 E. by the Chamber of Commerce as required by their Commercial Lease agreement; 7) To adjust various budgets to anticipated revenues by the end of the fiscal year; 8) To record the issuance of an Interfund Note Payable to the Energy Services Dept. by the Capital Projects Fund for the purchase of improvements completed during the current fiscal year as part of the Energy Efficiency Project (aka McKinstry Project) for City-owned facilities, and funded by the Energy Services Dept. in both the prior and current fiscal year; 9) To increase the All Abilities Park (Thunder Junction) budget to fund adjacent roadways, parking, and additional amenities not included in the original budget; and the funding of these items being provided by donations and other revenues received in prior years (i.e. held in fund balance); and 10) To increase the current year’s budget and carry forward unspent funds approved in the previous year for the Little Valley Soccer Fields project which overlapped into the current year more than anticipated due to unforeseen delays by the general contractor.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Randall to approve the resolution amending the Fiscal Year 2016-2017 Budget as outlined. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/FISCAL YEAR 2017-2018 BUDGET AND TRANSFERS FROM ENTERPRISE FUNDS TO OTHER FUNDS: Public hearing to take public comment regarding the proposed Fiscal Year 2017-2018 Budget and transfers from enterprise funds (business type) to other funds.   City Manager Gary Esplin explained under state law, as part of the budget approval process, public comment is required regarding the proposed fiscal year budget transfers from enterprise funds to other funds.  This is the first year state law was amended to send notices to utility customers; it has no effect on utility bills.    Mayor Pike opened the public hearing.    Resident Jerry Trojan explained there is a reason to do the accounting specifically and mentioned that Utah is catching up to other states.  The services provided by other funds for utility funds should have accounting.  Any transfers coming out of the utility funds St. George City Council Minutes June 15, 2017 Page Seven   should be based on a cost accounting basis.  All services provided to the City should be accounted for and should be paid.   City Manager Gary Esplin outlined how the City handles this process.  With regard to unbilled services, staff keeps track of everything.  In the past, Council has always recognized that this may change the cost of water and power and has chosen to provide the services.  In looking at the entire budget for the Water and Power Departments, this is a small amount of subsidy and will not affect current rates.          Mayor Pike closed the public hearing.   PUBLIC HEARING/NON-RECIPROCAL TRANSFERS FOR UNBILLED SERVICES FROM THE ELECTRIC AND WATER FUNDS TO OTHER CITY FUNDS: Public hearing to take public comment regarding non-reciprocal transfers for unbilled services from the electric and water funds to other City funds   Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   PUBLIC HEARING/ADOPT FISCAL YEAR 2017-2018 BUDGET/RESOLUTION: Public hearing to consider public input regarding the Fiscal Year 2017-2018 Budget.   City Manager Gary Esplin presented the proposed Fiscal Year 2017-2018 Budget.  Department Heads have outlined their budgets at recent work meetings.   Mayor Pike opened the public hearing.    Residents Dave Patton and Eric Nilsson requested the Council add funds to plan for improvements in Sun River. Mayor Pike asked their request be discussed at a future meeting.    Mayor Pike closed the public hearing.   The Council discussed items they would like to exclude/include.   City Manager Gary Esplin outlined the changes he has per previous discussions with the Council and Department Heads as follows:   ●    The purchase of twenty-two (22) rifles for the Police Department at approximately $88,000. ●    Adjustment for two (2)vehicles for the two new positions in the Police Department at approximately $98,000. ●    Lock conversions for City facilities at approximately $20,900. ●    Automatic gate opener for the maintenance facility at the Little Valley Complex at approximately $5,000. ●    Accounts Receivable software upgrade at approximately $9,350. ●    A Legal Secretary position. ●    $1 million contribution to the RAP Tax fund from the Economic Development fund, along with $500,000 from property sales, and $1 million from Park Impact funds for Worthen Park at $1.8 million, Little Valley Sports Complex at $1.6 million , and Tonaquint Park $2 million.   City Manager Gary Esplin noted the revenues include the proposed fee increases.  If the wholesale rate of water increases, the City will have to pay it and pass it onto the customer.  Irrigation water is tied to the culinary rates; therefore, the irrigation rates need to be adjusted accordingly. St. George City Council Minutes June 15, 2017 Page Eight   Mayor Pike noted the Council has discussed the proposed budget at length.    MOTION:     A motion was made by Councilmember Baca to approve the resolution adopting the Fiscal Year 2017-2018 Budget as presented with the additions and changes. SECOND:       The motion was seconded by Councilmember Bowcutt. VOTE:            Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PROHIBIT FIREWORKS IN DESIGNATED AREAS OF THE CITY/ORDINANCE: Consider approval of an ordinance prohibiting fireworks in designated areas of the City.   Fire Chief Robert Stoker outlined the proposed restrictions which will be in place from three days prior to the holiday, the day of the holiday, and three days after the holiday.    MOTION:       A motion was made by Councilmember Randall to approve the ordinance prohibiting fireworks in designated areas of the City. SECOND:         The motion was seconded by Councilmember Arial. VOTE:               Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye          The vote was unanimous and the motion carried.   COOPERATIVE AGREEMENT: Consider approval of a cooperative agreement between the Utah Division of Forestry, Fire and State Lands and the City of St. George for the statewide wildland fire protection system.   City Manager Gary Esplin outlined the proposed agreement.  The Council heard a presentation from Wildland Fire at a recent work meeting.    MOTION:      A motion was made by Councilmember Arial to approve the cooperative agreement between the Utah Division of Forestry, Fire and State Lands and the City of St. George for the statewide wildland fire protection system. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:              Mayor Pike called for a vote, as follows:     St. George City Council Minutes June 15, 2017 Page Nine   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye   The vote was unanimous and the motion carried.   AMEND INTERFUND LOAN DATED NOVEMBER 15, 2015: Consider amending the interfund note dated November 15, 2015 between the Energy Services Department and the General Fund for the energy efficiency project (McKinstry Energy Performance contract).   City Manager Gary Esplin outlined the amendment to the interfund note between Energy Services and the General Fund regarding the McKinstry Energy Performance contract.   MOTION:      A motion was made by Councilmember Randall to amend the interfund note dated November 15, 2015 between the Energy Services Department and the General Fund for the energy efficiency project (McKinstry Energy Performance contract). SECOND:        The motion was seconded by Councilmember Baca. VOTE:              Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye   The vote was unanimous and the motion carried.   SET PUBLIC HEARINGS: Planning & Zoning Manager John Willis advised at its meeting held on June 13, 2017, the Planning Commission recommended setting public hearings on July 6, 2017 to consider: 1) amending the Planned Development Commercial zone at the northeast corner of the intersection of Sun River Parkway and Pioneer Road to develop a C-store, covered fueling, car wash, and a 50-foot flagpole; 2) changing the zone from Agriculture (A-1) to Residential (R-1-8) on 20.71 acres located at approximately 3040 East 2890 South; 3) changing the zone from Agricultural (A-1) to Residential (R-1-8) on approximately 2.92 acres located at approximately 3425 East 3230 South; and 4) changing the zone from Agricultural (A-1) to Residential Estate (RE-12.5) on approximately 24 acres located at approximately 2240 East 3670 South.   MOTION:      A motion was made by Councilmember Hughes to set the public hearings for July 6, 2017. SECOND:        The motion was seconded by Councilmember Arial. VOTE:              Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye St. George City Council Minutes June 15, 2017 Page Ten   The vote was unanimous and the motion carried.    CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a cell tower over 35’ in height to be located at approximately 4095 South 1630 East.  SBA Communications, applicant.   Planning and Zoning Manager John Willis presented the request for a conditional use permit for a cell tower over 35’ in height to be located at approximately 4095 South 1630 East.  He then presented a PowerPoint covering the following topics: infrastructure map; location; aerial view of the site; photo simulations; existing tower to be relocated, and site plan.  The Planning Commission recommended approval of the height with standard conditions and findings.   MOTION:      A motion was made by Councilmember Hughes to approve the conditional use permit for a cell tower over 35’ in height to be located at approximately 4095 South 1630 East. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:              Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye   The vote was unanimous and the motion carried.   AGREEMENT FOR EMERGENCY CELLULAR SERVICES: Consider approval of an agreement for temporary, emergency cellular services for two (2) current customers by allowing temporary emergency “COW” coverage.  SBA Towers IX, LLC, applicant.   Russ Gallian explained what a “COW” is and noted one of the users is AT&T and the other is Gogo.  His client has agreed and negotiated the agreement with the City Attorney.    MOTION:      A motion was made by Councilmember Hughes to approve the agreement for temporary, emergency cellular services for two (2) current customers by allowing temporary emergency “COW” coverage. SECOND:        The motion was seconded by Councilmember Arial. VOTE:              Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye   The vote was unanimous and the motion carried.   CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to establish and operate an in-home preschool/child day care business with a maximum of thirteen (13)   St. George City Council Minutes June 15, 2017 Page Eleven   children in a home located at 2985 East 1975 South Circle.  Rachael Reid, applicant.   Planning & Zoning Manager John Willis presented the request for a conditional use permit to establish and operate an in-home preschool/child day care business with a maximum of thirteen (13) children in a home located at 2985 East 1975 South Circle.  He then presented a PowerPoint presentation covering the following topics: ordinance; narrative...


City Council Minutes 07/22/1999:
...NING: Consider award of bid for the purchase of circuit breakers for the Power Department. City Manager Gary Esplin presented two bids received for the purchase of circuit breakers for the Power Department: Royal Utility Supply $79,400; and Siemens Power $71,702. He recommended award of the bid to the low bidder, Siemens Power, in the amount of $71,702. A motion was made by Councilmember Gardner to award the bid to the low bidder, Siemens Power, in the amount of $71,702. The motion was seconded by Councilmember Allen, and all voted aye. BID OPENING: Consider award of bid for construction of a roundabout at the intersection of Diagonal, 200 North, and Main Street. City Council Minutes July 22, 1999 Page Two City Manager Gary Esplin presented three bids received for construction of the roundabout at the intersection of Diagonal, 200 North, and Main Street: Sunroc Construction $211,701.66; Western Rock Products $222,545.55; and Merrick Young Construction $189,805.50. Mr. Esplin advised that the apparent low bidder, Merrick Young Construction, has since requested that their bid be withdrawn. As a result, Sunroc Construction is the apparent low bidder. A revision in the scope of work is being recommended as follows: to the base bid of $192,425, street lights in the amount of $19,125 be added, stamped concrete in the amount of $4,147 be added, and colored concrete in the amount of $385 be added, for a total award of $216,082. A motion was made by Councilmember Gardner to award the bid to Sunroc in the total amount of $216,082. The motion was seconded by Councilmember Orton, and all voted aye. RESOLUTION: Consider approval of a resolution vacating the easement between Lots 85 and 83 of the St. James Subdivision, Phase 5. City Manager Gary Esplin explained a request has been received to combine three lots into two, thereby necessitating an abandonment of easements. The property owners will provide the City with new easements. A motion was made by Councilmember Orton to approve, by resolution, abandonment of easements between Lots 85 and 83, St. James Subdivision, Phase 5. The motion was seconded by Councilmember Gardner. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution authorizing a notice of intention for creation of Special Improvement District 99-2 in the Bloomington Ranches area. City Manager Gary Esplin explained that the Spectrum did not publish the original notice of intention as instructed, therefore, the process had to begin again. A motion was made by Councilmember Orton to authorize, by resolution, the publication of the notice of intention to create SID 99-2 and set dates for hearings. The motion was seconded by Councilmember Allen. A roll call vote was taken and all voted aye. RESOLUTION: Consider approval of a resolution to create City of St. George, Utah, Special Improvement District No. 99-1 described in the Revised Notice of Intention concerning the District, and authorizing City officials to proceed to make improvements as set forth in the Revised Notice of Intention to Create the District; authorizing the City Engineer to prepare a notice to contractors for sealed bids with respect to the construction and improvements; and related matters. City Manager Gary Esplin explained the purpose of this SID is to install a new sewer outfall line from the Green Valley area to the Tonaquint Park area. All affected property owners have agreed to their assessments, therefore a public hearing is not necessary. A motion was made by Councilmember Gardner to approve, by resolution, the creation of Special Improvement District 99-1, and authorize the City Engineer to prepare a notice to contractors for sealed bids. The motion was seconded by Councilmember Orton. A roll call vote was taken and all voted aye. SET PUBLIC HEARINGS: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended that public hearings be scheduled for August 19, 1999 at 5:00 p.m. to consider a zone change from A-20 to A-1 on 7.26 acres located on the east side of Little Valley Road south of Seegmiller Drive, and to consider an amendment to the Zoning City Council Minutes July 22, 1999 Page Three Ordinance to add criteria for a residential facility for persons with a disability. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. ROAD DEDICATION PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting of July 13, 1999, recommended approval of the road dedication plat for Twin Lakes Road. A motion was made by Councilmember Allen to approve the road dedication plat. The motion was seconded by Councilmember Gardner, and all voted aye. ROAD DEDICATION PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended approval of the road dedication plat for the Middleton Drive Extension. A motion was made by Councilmember Allen to approve the road dedication plat. The motion was seconded by Councilmember Gardner, and all voted aye. FINAL PLAT: Associate Planner Jim McGuire advised that the Planning Commission, at its meeting held July 13, 1999, recommended approval of the final plat for Dixie Downs Retirement Community Phase 1. Councilmember Gardner inquired if improvement of the roadway in front of the development would tie into Snow Canyon Parkway. City Manager Gary Esplin advised the developers will be required to improve their frontage, however, that frontage will not connect to Snow Canyon Parkway, as there is still a piece of property owned by School Trust Lands that will have to be improved in order to tie to Snow Canyon Parkway. Mr. Esplin advised he would speak with Ric McBriar of School Trust Lands to determine their position, however, the City has no control over School Trust Land?s timetable for development. A motion was made by Councilmember Gardner to approve the final plat for Dixie Downs Retirement Community Phase 1 and authorize the Mayor to sign the plat. The motion was seconded by Councilmember Orton, and all voted aye. CONDITIONAL USE PERMIT: Consider a request for an extension of a conditional use permit for a communications tower at the corner of Bluff Street and Sunset Blvd. Nextel, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting held July 13, 1999, recommended approval of an extension to a conditional use permit for a communications tower at the corner of Bluff Street and Sunset Blvd. The facility, including a trailer, is 8.5' x 14' with a 60' high tower. The original approval was for a temporary facility, but the applicants have not been able to find a permanent location. The Planning Commission recommended approval subject to a two year time limit. Councilmember Orton inquired if the City had heard from the property owners. The applicant advised the owners are willing to extend the lease on a month-to-month basis. City Council Minutes July 22, 1999 Page Four A motion to approve the conditional use permit subject to the recommendations of the Planning Commission was made by Councilmember Gardner. The motion was seconded by Councilmember Orton, and all voted aye. DISCUSSION RE CENTENNIAL PARK: Presentation from Mr. David Briseno regarding development of the Centennial Park between Pine View Middle School and the Panorama Elementary School. Mayor McArthur briefly reviewed the history of the planning of this park in cooperation with the Washington County School District, and the City?s intention to irrigate the park with water from the Sandberg Pond rather than using valuable culinary water or inferior well water. Mr. Briseno advised the majority of nearby residents want a traditional park with restrooms, not a nature trail and amphitheater. He advised that donations have been received from merchants, and funds raised by the Panorama PTA to purchase playground equipment for the park. He advised that water from the neighboring school systems could be used to water the park, but if the City is not going to develop the park soon, the sign should be taken down and the area fenced so it cannot continue to be used as a dump. Mayor McArthur agreed the area needed to be protected. Kent Perkins reviewed the history of the planning of Centennial Park, and explained the many problems experienced with the site such as lack of water, poor topsoil, etc. He advised that several neighborhood meetings were held with regard to the proposed park. The proposed park is located on School District property, and will be a joint project between the School District and City. However, the principals of the two neighboring schools have not come to agreement over what amenities should be provided at the park. At the time the park was originally approved by the School District and the City, it included trails, a natural area, and amphitheater. He stated that Mr. Briseno and the PTA?s ideas for the park conflict with what has already been approved and planned for the park based on past meetings. He advised that the City is still planning for the park and is currently working on engineering agreements and the project will soon be put out to bid. Mayor McArthur inquired of Mr. Perkins what steps could be taken to make the area safe as the planning process continues. Mr. Perkins advised that he did not feel comfortable grading the site or destroying native plants as a natural area is desired by the adjacent principals. Councilmember Gardner inquired if trees could be planted around the periphery of the park and watered with a drip system. Mr. Perkins advised it would be possible but the trees would have to be watered with culinary water, and this would involve approval by the Water and Power Department. City Manager Gary Esplin suggested that improvements to the park be defined, as there is obviously a disagreement between Mr. Briseno and the PTA and the school principals about what is wanted at the park. He advised that once that determination has been made, the park can be designed and bid out. Mr. Esplin advised that in his opinion the water issue would soon be resolved. City Council Minutes July 22, 1999 Page Five Mr. Briseno advised there is a nature trail at the 2450 East Park, and one is not needed at Centennial Park. He stated nearby residents also do not want bushes in Centennial Park. City Manager Gary Esplin advised the plan must be approved by the School District as it is their property, and the City does not have a right to do anything to or place anything on their property without their approval. He stated a joint written agreement was needed between the School District and the City. Councilmember Gardner commended Mr. Briseno on his efforts, and suggested that he and PTA members meet with the affected school principals to resolve the issue. The City could then proceed with planning the park if water is not going to be an issue. Teresa Midler, past president of the Panorama PTA, advised that Mr. Cottam, principal of Panorama Elementary, would not attend this meeting because the issue was not a school issue, and he did not want to be involved. City Manager Gary Esplin suggested that if the PTA can obtain a signed letter from both school principals or Superintendent Granger stating they have no preference for the park, the City will proceed with its planning. Mayor McArthur directed Kent Perkins to set a meeting to further discuss proposed amenities at the park and see if agreement can be reached. Kent Perkins advised he would invite interested residents and the affected principals to the meeting, and will report back at the next City Council meeting. ABATEMENT OF INTEREST AND PENALTIES IN SID ASSESSMENT: Consider a request from Mr. Michael Maclennan for abatement of interest and penalties for a special improvement district in the Graham Subdivision area. City Manager Gary Esplin explained that Mr. and Mrs. Michael Maclennan are trying to get a loan to build a home on the property in question, however, the amount owing on the SID is hampering their efforts to obtain a loan. The assessment on the property was originally $7,592.80, but 15 years of interest and penalties have accrued to now bring the total owing to $20,511.71. He advised the Maclennans are not disputing the original assessment. He explained there are were a few alternatives, including taking no action and allowing the assessment, interest and penalties to remain, or waive the actual interest and penalties that accrued after the end of the district in the amount of $4,696.21. He stated that justification could be made for this abatement based on the affordable housing program, and recognizing that this is the Maclennan?s first home. Councilmember Gardner commented that the assessment will continue to grow and eventually get so large that no one will ever be able to afford to build on the lot, and that it is better to collect a little rather than nothing. Mayor McArthur stated he was in favor of forgiving the interest and penalties which accrued after the closing date of the district. Councilmember Orton expressed concern that this may set a precedent. City Manager Gary Esplin responded that each future request for abatement will have to be evaluated on its own merits. City Council Minutes July 22, 1999 Page Six A motion was made by Councilmember Gardner to approve an abatement of interest and penalties in the amount of $4,696.21. The motion was seconded by Councilmember Allen, and all voted aye. TRANSFER FALCON CABLE FRANCHISE: Consider a request for approval of a transfer of control of the Falcon Cable TV franchise to Charter Communications. Rich Reniewicki, Regional Manager of Falcon Cable, advised that Falcon Cable wises to transfer its franchise to Charter Communications. This sale will bring many new and exciting things to cable in St. George. According to the terms of the franchise, authorization is needed from the City Council for this sale to take place. He advised that as discussed in a previous meeting with the City Council, a fibre system will be installed to improve picture quality, and commitments have been received to broadcast over this new system from KUTV, PAX, the CEC, and KSL. He advised that with regard to the CEC payment by Clear Vision Cable, he felt comfortable that the issue could be resolved, but it is an issue with Clear Vision, not Falcon. Mayor McArthur advised he received a telephone call from one of the owners of Clear Vision who assured him that all arrearage would be paid. City Manager Gary Esplin stated that Falcon has agreed to help with the audit of Clear Visions by furnishing the City with any materials it may have concerning the buy-out. Mayor McArthur commented that any time a cable company changes hands, there should be an audit, as that is a requirement of the franchise agreement. A motion was made by Councilmember Orton to approve transfer of control of Falcon Cable to Charter Communications. The motion was seconded by Councilmember Gardner, and all voted aye. DISCLAIMER OF INTEREST IN POWER EASEMENT: Consider approval of a disclaimer of interest for a power easement located north of the I-15 freeway in the Middleton area. City Manager Gary Esplin explained that many years ago an easement was granted by Mr. Frank Hawkes to the City for a power line. However, the easement was granted for an area extending north of the I-15 freeway, but the actual power line was installed on the south side of the I-15 freeway. There is also a question of whether Mr. Hawkes had the authority to grant the easement. It is now being requested that the City give up any interest it may have in the easement lying north of the I-15 freeway. Mr. Jeff Wilcox, representing Mr. Russ Gallian, stated that the disclaimer would reserve any easement rights the City may have to an existing power line and guy wires which terminate in the southwest corner of the pro...


City Council Minutes 01/03/2002:
...ayor McArthur recognized Shirl Pitchforth, who has served on the Water and Power Board for over 35 years. He asked Ross Hurst, Chairman of the Water and Power Board, if he would like to speak with regard to this occasion. Mr. Hurst advised that Mr. Pitchforth was a member of the Water and Power Board for nearly 40 years, and served as Chairman of the Board for 32 years. Mr. Pitchforth has been his mentor, and has a great passion for and understanding of public power. He congratulated Mr. Pitchforth on a job well done, and expressed appreciation for the opportunity to work with him. Mr. Pitchforth commented that he enjoyed his public service and appreciated each and every member of the City Councils he has worked with, and while it has been heartbreaking to relinquish his position on the Water and Power Board, he offered to provide assistance to anyone in need with regard to water and power issues. Council Member Gardner commented that Mr. Pitchforth was one to make sure that the City's water and power department remained viable, and much of the water and power currently enjoyed by the citizens of St. George is due to his good work. Mayor McArthur presented Mr. Pitchforth with a Glory of the Games Olympic book in appreciation and recognition of his many years of public service. ECONOMIC DEVELOPMENT ANNOUNCEMENT: Mayor McArthur advised that an announcement was made earlier today about a significant company who will be locating in St. George. He stated he was impressed by the family-oriented business, who has expanded to a tremendous size in national sales, and many of its employees had been with the company in excess of 20 years. He expressed appreciation to the company and stated the City looked forward to a long working relationship with them. He then invited them to make a presentation. Douglas Wells, Chief Operating Executive of Wells Dairy, introduced himself and announced the expansion and construction of a state-of-the-art ice cream processing and manufacturing facility in St. George. He explained the company was founded by his grandfather in 1913 and is a privately held company by family members. The company procures, processes, packages and distributes dairy products throughout many states. He explained the company is interested in expanding its distribution operations in the northeast and northwest and that St. George City Council Minutes January 3, 2002 Page Two is why there is an interest in expanding the company to St. George, as the company will now have access to many western markets. The company currently has two milk processing plants, one in Iowa and one is Nebraska, and two large ice cream plants in Iowa. There are 2,500 employees at this time and three sales divisions. The company distributes conventional ice cream products to stores, its food services sales divisions access institutional systems and national restaurant chains, there is a vending sales division for C-stores, and contract manufacturing sales divisions which manufacture frozen dairy desserts for some of the largest ice cream names such as Haagen Daaz, Baskin Robbins, General Mills, and General Foods. He expressed gratitude and appreciation to St. George, and recognized members of Price Waterhouse in the audience who were recruited to assist in the site selection process. He advised that the City should feel honored that Price Waterhouse found St. George to be such a good, thriving community. He thanked Scott Hirschi, Senator Hickman, and others for their assistance in the process. He then showed a video offering insight into the Wells Dairy operation. APPROVAL OF AGREEMENT: Consider approval of a letter agreement between the St. George Neighborhood Redevelopment Agency, the City of St. George, and Wells Diary, Inc. concerning the provision of economic incentives by the City to Wells Diary in its development and operation of an approximately 130,000 sq. ft. manufacturing facility together with a pretreatment facility and other improvements. City Manager Gary Esplin explained that when the Ft. Pearce Industrial Park was built, a concept came about to develop more acreage and two EDA project areas were created, as allowed by State law. This law allows a return to the business locating within the EDA of up to 100% of property taxes generated by that business. The proposed agreement with Wells Dairy will return to them 80% of the tax increment they would generate for a period of 15 years. The other 20% will go to the City's housing fund. He stated it was important to note and recognize that the amount of taxes returned does not include any tax amount received from other entities, and the City is only returning Wells Dairy's taxes on their capital investment in St. George. If they had located outside of the EDA, this would not be allowed by State law. This is also possible because Wells Dairy is a large facility in excess of 100,000 sq. ft. with highly mechanized improvements. Wells Dairy is asking the City to allow them to set the timetable in order to realize the full 15 year period of time to generate revenue for the company. June 1, 2005 has been determined as the outside time limit to begin running of the 15 year time period. They are also asking that the City allow them, if feasible, to use tax exempt bonds with the City as the mechanism for the tax bonds, as long as state and federal requirements can be met. However, when the City created the two EDA districts, by state law they were limited to 100 acres each. The property on which Wells Dairy has chosen to locate is on a 25 acre parcel, a portion of which is outside the boundaries of EDA District No. 2. Staff recommends that the City create another district or amend a current district to incorporate the additional property needed by Wells Dairy. Use of this EDA property by a company such as Wells Dairy was the intent of the development of the Ft. Pearce Industrial Park. He stated he could not see any reason not to create another EDA district or amend a current district. Wells Dairy is also asking that the City promptly review its plans, which the City will do. A motion to approve the agreement as presented was made by Council Member Isom and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye St. George City Council Minutes January 3, 2002 Page Three The vote was unanimous and the motion carried. ADJOURN TO REDEVELOPMENT AGENCY MEETING: A motion to adjourn to a Redevelopment Agency meeting was made by Council Member Isom and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Whatcott and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. TABLE AGENDA ITEMS: Mayor McArthur advised that Items #6A10 and #6A11, appointment of statutory officers and department heads, would be tabled from this agenda and heard at the next meeting. CONSENT CALENDAR: Consider approval of the financial statement for November 2001, for the City of St. George. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the financial statement as presented. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for architectural services for Fire Department Station No. 7. Purchasing Agent Sue Swensen advised that staff recommends award of architectural services for fire station No. 7 to Leslie Stoker. A motion was made by Council Member Isom and seconded by Council Member Gardner to award the bid to Leslie Stoker. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye St. George City Council Minutes January 3, 2002 Page Four Council Member Whatcott - aye The vote was unanimous and the motion carried. City Manager Gary Esplin advised that Mr. Stoker is Fire Chief Robert Stoker's father, and has designed three of the City's fire stations as well as the City Office Building, and the City has been satisfied with his work and there are no questions about his qualifications. AWARD OF BID: Consider award of bid for the purchase of Blue Marble Fuel and Oil Treatment. Purchasing Agent Sue Swensen recommended purchase of blue marble fuel and oil treatment for the City's diesel plants from the sole source, Stricklin Companies, in the amount of $84,850 to use over the next year. Power Generation Superintendent Kevin Terry advised that initially he was skeptical about the additives. He distributed before and after pictures of a three week test performed at the Red Rock and Bloomington generation plants, and advised that a 5.6% fuel savings was realized by using the additive. Additionally, the noise level dropped from a decibel reading of 103 to 99 over the same three week period which equates to a 35% reduction in noise levels. He estimated that even with the additional cost of the additive, a savings of $34,000 would be realized at the Red Rock plant alone. The additive will also lengthen the engine life. He advised that personally he was sold on the remarkable product. He stated the recommended amount of $84,850 would cover the cost of using the additive at both plants. Council Member Gardner made a motion to approve the sole source purchase of blue marble fuel and oil treatment from Stricklin Companies in the amount of $84,850 for one year. The motion was seconded by Council Member Isom. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. AMENDMENT TO BUSINESS LICENSE ORDINANCE: Consider approval of an amendment to the Business License Ordinance providing a provision for Locksmith services. City Attorney Jonathan Wright advised that the City's Business License Ordinance currently did not contain a provision for locksmith services. He explained that the proposed ordinance amendment will require an application, employment history, criminal convictions, surety bond, and records to be kept of locks changed and master keys issued. Council Member Orton inquired if this ordinance amendment would bring the City into conformance with other cities' locksmith ordinances. Mr. Wright replied the proposed ordinance amendment is uniform with that of other cities in the state, and locksmithing is a security-sensitive area and precautions are needed. The required records will also be an investigative tool for the police department. City Manager Gary Esplin explained that the City is currently recodifying its ordinances, and through this process the City Attorney is attempting to bring the City into conformance with state law. St. George City Council Minutes January 3, 2002 Page Five A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. CURFEW ORDINANCE: Consider approval of an ordinance replacing Title 6, Chapter 5, St. George City Code, Curfew. City Attorney Jonathan Wright explained this ordinance resulted from discussions with the Chief of Police and parents regarding confusion about different curfew hours for different ages. The Police Department feels it would be better to have one uniform curfew of midnight for all minors, age 17 and younger, as it will be much easier to enforce. More importantly, the proposed ordinance provides for parental liability, as well as a business liability for those businesses which intentionally and knowingly aid a minor to avoid curfew, unless the minor is an employee. It also provides an aid and abetting section for anyone assisting a minor in avoiding curfew, such as a 21 year old taking a 16 year old out and violating curfew. Mr. Wright explained that organized functions, such as a school dance, or a minor who is a lawful employee and performing his or her duties, would not violate curfew. Council Member Allen inquired if businesses would be notified and warnings given. Mr. Wright replied he was certain the police would use discretion in notifying businesses, and that most were already aware of the curfew. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. TAXICAB ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 1, Section 21, Subsection (0), St. George City Code, relating to Taxicabs for hire. City Attorney Jonathan Wright advised that this ordinance amendment came about at the direction of the Mayor and City Council as a result of a presentation by a local taxicab owner. He advised he was directed by the Mayor and City Council to review the City's current ordinance and make changes, if necessary. He explained that the City's current ordinance does not require a commercial address if the business can meet the requirements of the home occupation guidelines, the same as for any business. At the present time there is only one taxicab business whose extent of operation requires a commercial location. Under the Home Occupation Ordinance, one business vehicle may be located at the home address. To date the City has received no complaints about anyone bringing their taxicab home. He explained that the proposed ordinance amendment requires a taxicab to have a distinctive color scheme for easy identification, inspections every six months, and will require the insurance to St. George City Council Minutes January 3, 2002 Page Six contain a taxicab or equivalent endorsement. The Police Department will issue a picture of the taxicab driver which will be required to be worn on the outside of his or her garment and in the vehicle. A taxicab license is non-transferable, and in order to obtain the license, affidavits by at least two people attesting to the honesty and integrity of the applicant will be required. A current State permit will also be required and it must be posted in a conspicuous place, and the rate schedule and method used to determine the rate must be posted in the cab and on file with the Business License Officer. It will also be unlawful to charge a rate different than that posted and on file with the City. A taxicab driver may not stop for another fare or allow another fare to enter the cab without the existing fare's permission, and the driver is required to give his driver's license number and name to any passenger or police officer upon request. The taxicab business must also keep exact records of fare locations, time of pick-up and termination. These records will be open to the police. Lastly, hotel courtesy cars are subject to the ordinance, but do not have to meet certain requirements. All existing companies will be notified of the new ordinance requirements. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance as presented. Kelton Gubler advised he found two problems with the proposed ordinance, one being that commercial property is not required and the second that the requirement to keep exact records will require a huge overhead. City Attorney Jonathan Wright replied that if the conditions of the Home Occupation Ordinance can be met, commercial zoning is not required. Additionally, no complaints have been received by the City about a lack of commercial zoning for a taxicab business except those from Mr. Gubler. Mr. Gubler stated that he was required to have commercial zoning, and he did not see anyone being able to comply with the record-keeping requirement. Mayor McArthur commented that the proposed ordinance brings the City up to date, and makes taxicab services safer for everyone. He then called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. TOWING SERVICE ORDINANCE: Consider approval of an ordinance amending Title 5, Chapter 1, Section 21, St. George City Code, to prescribe special business license requirements for Towing services. City Attorney Jonathan Wright advised that towing is a security sensitive occupation and the City does not currently have an ordinance covering this service. These services, however, are mandated by the State and are required to comply with UDOT rules and regulations. Tow trucks are required to have UDOT certificates and property liability insurance. Permanent readable signs on the doors of the tow trucks are required, as well as a business license and surety bond. Additionally, impound yards are required to be fenced and secure, and tow truck drivers are required to carry UDOT certification and a drivers license for the tow truck. The proposed ordinance allows the Police Department to promulgate rules and regulations for the rotation list when they obtain impound services. Council Member Isom commented that she had received many complaints that proper rotation had not been followed by the City. St. George City Council Minutes January 3, 2002 Page Seven A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye Council Member Gardner -aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider approval of an amendment to the Zoning Ordinance chapters 6, 15, and 17, regarding setback requirements on private streets. Community Development Director Bob Nicholson advised that the proposed ordinance amends the Zoning Ordinance with regard to front setbacks on private streets only. The present front setback on private streets is eight feet, but the amendment would move it back to ten feet. The front setback area for garages is currently 18 feet, and the proposed ordinance would move this back to 20 feet. There is also a provision to allow the Planning Commission to approve a side entry garage. The principal reason for the proposed change is because the standard front utility easement is ten feet, and there is a conflict which allows a PUD to be built within eight feet of the front property line. Utility companies support this change, and in fact Questar prefers a 12 foot front yard setback, but clearly 10 feet is better than eight. He advised that the ordinance provides for homes and garages to be 10 feet from the front property line in the older part of town. The Planning Commission unanimously recommended approval. Mayor McArthur opened the public hearing. Community Development Director Bob Nicholson advised that the City would accept those projects with preliminary plat approval and PD approval under the City's current standards. This ordinance would affect new projects only. Carol Sapp, representing the Southern Utah Homebuilders Association, advised that she received notification of the amendment three months ago and made it available to developers and members of SUHBA's Governmental Affairs Committee. No opposition to the amendment was received and, in fact, they agreed that because of the size of today's vehicles, a 20 foot setback for garages was appropriate, with the stipulation that those currently zoned based upon the City's old specifications be honored and grandfathered in. Additionally, it is requested that those projects which have been zoned and presented a plan but not received preliminary plat approval be grandfathered in. Mr. Nicholson replied that PD developments who have submitted their drawings or conceptual plans for approval would be granfathered in. There being no further public comment, Mayor McArthur closed the public hearing and called for a motion. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance amendment as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. St. George City Council Minutes January 3, 2002 Page Eight ADDITION TO LANDMARK PROPERTY: Consider approval of an addition to a landmark property (home) at 306 South Main Street and also consider approval for extension of the home with a non-conforming front setback. Lewis Sylvester, applicant. Community Development Director Bob Nicholson advised that currently the home is being used for a small financial advising business and the applicant is proposing to add on to the structure. The Historic Preservation Commission recommends approval. The front setback is 15 feet. A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the request. Council Member Allen declared a possible conflict of interest as her husband does work for the applicant, but advised she would vote. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott -aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. MODIFY ENGINEERING SERVICES CONTRACT: Consider approval of a modification to an engineering services contract for Sear-Brown for the River Road project. City Manager Gary Esplin advised this amendment is to the management contract for the River Road Phase 1 project. The contractor is past the contract period and is currently in a penalty status. In order for Sear-Brown to continue to monitor the project, they are asking for an extension of the contract and increased amount to continue monitoring the project. The contract amount is up to $26,000, on a per diem basis. He stated that Sear-Brown has documented the contractor's performance and feels the City is on solid ground enforcing the penalty. The penalty amount will pay the cost of the engineer's time to monitor the contractor. City Attorney Jonathan Wright advised the contract contains a liquidated damages clause, not penalty clause. Council Member Whatcott commented that over the last month absolutely nothing has been done on the project, and therefore Sear-Brown did not need to be there. He questioned the need of paying twice for someone who was doing nothing. Traffic Engineer Aron Baker advised that there is something going on every day at the project site, even if only traffic control, and whether there is one employee on site or 20, it costs the same amount for the contraction manager to document the action. Trent Thatcher, Branch Manager of the local Sear-Brown office, advised that even if the contractor's employees are on site but doing nothing, Sear-Brown has to document this, and be available to answer any questions the contractor may have about the plans. The inspector must also make sure that proper materials are being placed and the contractor is not cutting corners. He advised that Sear-Brown has done project management previously for the City and saved the City almost $15,000. He advised that an optimal situation did not exist with the contractor on this job, and the City was mandated by the State to choose this contractor. He advised that Sear-Brown would perform construction management services for this project at their cost and not make a profit on this change work. Sear-Brown has tried to solve the problems on St. George City Council Minutes January 3, 2002 Page Nine this project and has documented everything, but the project has developed into an unfortunate situation and Sear-Brown was doing everything it could to encourage the contractor to do a good job and quickly. Mayor McArthur replied that he appreciated Sear-Brown's offer to not realize a profit on the change work. He inquired if there were a way to deepen the amount of asphalt so that it could be laid without waiting for the temperature to rise above 50 . Mr. Thatcher replied that all options will be explored. Mr. Baker commented that the asphalt could be thickened in lieu of the prime, but the project is a UDOT project and their approval would have be to obtained. Mr. Thatcher invited the Mayor and City Council to call him or the inspector any time they had a question about the project., Mayor McArthur commented that he and the City Council were not questioning the inspection process, but simply wanted the project completed as soon as possible. Council Member Whatcott commented that the inspector has had nothing to do because the contractor was not performing. Mr. Thatcher replied that even if one of the contractor's employee was sitting in his or her truck and eating lunch, the inspector has to be on site. If the contractor's employee did anything while the inspector was gone and the matter was disputed, having an inspector on site protects the City's interests and investment. He stated that particularly with this project, he would prefer to err on the side of caution. He advised that the $26,000 contract includes an 11% fee which is part of the UDOT job, but the rest of the contract would be performed at cost. City Attorney Jonathan Wright clarified that the contract contains a liquidated damages clause, not a penalty clause. The owner (City) and contractor agreed at the inception of the contract that if a breach occurred in the completion time of the project, the owner would incur $1,500 in damages per day. Out of that amount comes liquidated damages for increased engineering, etc. This amount was estimated prior to entering into the contract. Traffic Engineer Aron Baker advised that a target date for completion of the project has not been had from the contractor and to date it is not known. A motion was made by Council Member Orton and seconded by Council Member Gardner to approve the contract. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. INTRODUCE SCOUTS: Mayor McArthur invited several Scouts in the audience from Troop 805 to introduce themselves. AIRPORT USE AGREEMENT: Consider approval of an airport use agreement with AeroWest aviation for self-fueling operation at the airport. City Manager Gary Esplin advised that the Airport Board recommended approval of the agreement. St. George City Council Minutes January 3, 2002 Page Ten A motion was made by Council Member Isom and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AIRPORT USE AGREEMENT: Consider approval of an airport use agreement with Chris Peterson for a self-fueling operation at the airport. Public Works Director Larry Bulloch advised that approval is needed for a lease in the fuel farm as well as a self-fueling lease. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the lease in the fuel farm and the self-fueling lease. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. AIRPORT PROPERTY LEASE AGREEMENT: Consider approval of an airport property lease agreement with Chapman Aviation for aircraft hanger. City Manager Gary Esplin advised that the Airport Board recommended approval of the agreement. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the agreement. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. CLARIFICATION/BLOOMINGTON GENERATORS: Consider status of Bloomington generators and clarification of improvements for the site. Mayor McArthur inquired if the neighborhood had been notified of this item on the agenda. City Manager Gary Esplin replied that they had not, as it was just a clarification of previous Council action. Council Member Isom inquired if the City had all the necessary permits to operate the Bloomington generators, and she was informed that all the necessary permits had been obtained. St. George City Council Minutes January 3, 2002 Page Eleven Water and Power Director Wayne McArthur advised that earlier in the meeting Kevin Terry described how the thickness of emissions was reduced by using the additive (a 24% reduction in opacity) and advised the City is doing all it can to reduce pollution and noise generated by the plant. Use of the additive results in a 37% noise reduction. If the additive, a building, and a berm were used, there would only be a 40% reduction in the noise, or an additional 3% improvement in the noise level. City Manager Gary Esplin suggested the City use the additive in all seven engines at the Bloomington generation plan instead of building a building and installing a berm and see if there is a noticeable change in the noise level. Council Member Gardner commented that the City Council made a commitment to try and improve the situation in this area. The Water and Power Board concurs with staff's recommendation to try the additive, a...


City Council Minutes 05/21/2002:
...ager Esplin discussed SHAC CO/Gen plant project and explained it is in the Power Department budget for the upcoming year, but it is uncertain if it will be done. The group discussed what the fees recreation currently charged cover. They pay for the cost of the operations not for staff salary and benefits. The SHAC is like the parks and the regular swimming pool; certain facilities don't pay for themselves but are an important part of the community. City Manager Esplin continued with the explanation of revenues. There are no changes in irrigation and cemetery fees. The court fines are up a little bit. Other revenues are from First Night, the Marathon and the Arts Festival. He noted interest income is down significantly. The transfers from other funds are charges made to other enterprise funds to cover costs of operations, collecting, billing and overhead. The total amount of revenue is projected to be $27,000,030. He cautioned the City Council not to spend the projected 2% increase in sales tax revenue until we have a better idea whether those increase will actually occur. Mayor McArthur commented the basic difference between 2002 and 2003 FY is the way the airport fund is handled. City Manger Esplin agreed. He reviewed expenses and provided an overview of General Government expenditures. There is no real change in General Government other than one new person in Administrative Services. A new position of a Webmaster is going to be created. He explained currently staff is trying to keep the web page up with 2 part time people. The proposal is to hire a full time Webmaster and eliminate the two part time positions. Mayor McArthur commented the web page is a necessary part of doing business. Council Member Orton asked if there have comments from citizens? City Manager Esplin indicated that citizens and City employees have commented on the web page and that it doesn't function well. He estimates the salary of the Webmaster will be about $40,000. Mayor McArthur asked if that Webmaster would be involved in developing a way for people to follow status of the permits online? City Manager Esplin explained the Building Department would get the program operating and the Webmaster would get the program working on the web page. He indicated the web page could be expanded and utilized more effectively if there was a Webmaster on staff. He explained there is nothing new in the Finance, Legal Services or City Buildings budgets. The integration of new Dixie Center people is new. The Building Maintenance department has asked for a couple of people for help in maintaining the buildings, however, he thinks some of the employees at the Dixie Center can help with that. Due to airport safety issues the Public Safety Department has hired 2 new people. It is anticipated about 6 months worth of federal funds will help with those costs. There will be overtime funds in budget to cover all of the shifts required for security. In 6 months the federal government will take over the security operations at the airport and the 2 new employees will be integrated into the police department. He explained the Drug Task Force received some monies through Senator Bennett's office. The Police Dispatch is a new account. All of the dispatch finances have been removed from the police budget and will now be billed off of the dispatch account. This is so the other entities will be able to review the account information if they choose to. City Manager Esplin explained the Fire Department asked for 8 new full time people to staff a new fire house on the west side of town and 20 new volunteers for various stations. He indicated he approved1 new fulltime position and 15 new volunteers. He told the Chief as long as there are people willing to volunteer; the City needs to let them because it keeps the community spirit going. The new fulltime position will be an Administrative Captain in charge of training. He explained the ride along program, which pays for volunteers to fill in for sifts when the full time personnel is short, has been very successful. Council Member Orton asked if there are adequate numbers of people on the volunteer list waiting line. Does the City maintain its fire rating status with this approach? City Manger Esplin indicated the insurance fire rating status has gone down, which is good. The department does get deductions on some things, such as not having the amount of ladder trucks recommended. He explained the only station that has a problem is the downtown one. There are no residences in that area so there are only 2 or 3 people that respond from that station. Council Member Orton asked if that is taken into consideration when adding volunteers? City Manager Esplin indicated it is. There are approximately 10 volunteers for each station. Mayor McArthur indicated there is a bill in the legislature to make anything that happens health wise after a fireman retires considered as work related. All incidents would fall under workers compensation, which could significantly affect workers compensation. City Manager Esplin explained those involved in the fire business have established a standard mandating the number of people in the vehicle before it can respond to a call. If the vehicle leaves and there is a problem, that standard will be used if it goes to court. He indicated the City has bypassed the regulation in the past because the fire department is part volunteer. The fire unions are primarily the group behind this issue because of job security. The fire department is proposing a new building in the Dixie Downs area and a new fire truck. Part of the new building will be a communications center. It will be a shell that won't be equipped right now. This would be a back up communications facility. Council Member Whatcott noted the personnel number in the Community Development Department went down. He asked if that is because Joe Empy has not been replaced? City Manager Esplin indicated it is an error as the position is being advertised at this time. The airport manager in the past has been part of the Community Development budget. The new airport manager will be part of the Public Works Department. The new airport manager will be on board June 3, 2002. He is from Cody Wyoming, has a degree in aeronautics from Denver and worked at the Denver Airport for a while. Jack Jeppson, the current manager, has been told he will move back into the building inspector position. Mr. Jeppson didn't meet the minimums requirements established for the position. Council Member Allen asked about the status Shanna Buehler. City Manger Esplin indicated Ms. Buehler has done a really good job. However, her husband is in bad health and she needs care for him. The City would like to keep her, so the department is considering hiring 2 part time people do fill in while Ms. Buehler's husband is ill so she can return to her job at a later date. City Manger Esplin explained the only new position in the Public Works Department is the new airport manager, which is now a full time position in that department. He is hoping the new airport manager will be able to take over some of the work done by the consultant. That would reduce consulting costs, which are about $240 per hour. The federal government is paying 90% of the consultant's fees, but Mr. Bullock has been told that the consultant should be used less. City Manager Esplin indicated in the Leisure Services Department budget there are 2 new positions for the Parks Department. The City has taken on several new parks and trails that have necessitated the need for the new positions. Parks Superintendent Scott has documented the cost to maintain common landscape areas on 66' wide streets at $9,000 per lot for 50 years of maintenance. Mr. Esplin suggested homeowner associations maintain right of ways as the City can't afford the maintenance costs. A new division called the Marathon has been created to better determine the cost of running the event. Council Member Allen suggested getting a volunteer program going to maintain the landscape areas on the 66' wide streets. It may turn into something competitive which will keep the landscaping looking very good. Mayor McArthur asked if the City has refinanced everything possible at the lower rates. City Manager Esplin indicated everything but the golf course debt has been refinanced. The golf course debt refinancing would result in approximately $15,000 annual savings on a $4 million note. The short-term interest rates are good, but long-term rates are not as low. The group discussed the golf course debt, the payment and note amounts as well as when the notes would be paid in full. City Manager Esplin reviewed the enterprise funds. The Water Department has a $42 million dollar budget; revenues are primarily from $30million in bond proceeds. The capital improvement projects are new wells, a regional pipeline from the Sand Hollow Reservoir, and a pipeline in the Snow Canyon well field to handle the additional wells that have been developed in the last couple of years. Also planned is the development of the Tolman wells and additional storage tanks. Council Member Whatcott asked about the status of the regional Sand Hollow pipeline as far as support from the other communities. City Manager Esplin explained the City of Ivins is committed to the project; he is not sure how strong the commitment is from Santa Clara City, as they haven't come up with any funds. The project is scheduled to be under construction this winter. Council Member Gardner commented the arsenic regulations are taking a different flavor, he doesn't think the nation understands the impact of this ruling. He indicated the Tolman wells have almost no arsenic. City Manager Esplin explained the staff has estimated the cost to treat the water for arsenic is .65 per 1000 gallons using current technology. He explained the request for an additional person in the Water Department. The position is for an engineer as suggested in the strategic plan done by RW Beck and the Water and Power Department staff. Superintendent Kell has done a good job and has worked well with rest of departments. The new engineer position would assist in planning and will work with Superintends Kell and Childers. Council Member Gardner commented that one thing that came to light with the Kemp Study is that on Phillip Solomon's level, there is a need some more help. City Manger Esplin commented that especially as the City goes forward with managing water additional staff might be needed. He explained the Waste Water Department is also requesting an additional position for a new operator. This is primarily a result of taking over maintenance of private systems in Planned Development Communities. Council Member Allen asked what cost there is for these systems. City Manager Esplin indicated it is about $30,000. He also explained there is a lot of employee turn over in that department, the operators go to other departments within the City because of the market and the way it is set up. The Waste Water employees are at the lower end of the pay scale. The group discussed when wages are reviewed and data collected from other cities. The market adjustments were discussed as was the timing of pay raises and benefits packages. City Manager Esplin indicated the health insurance premiums have been put out to bid and there will be 14.68% increase for this year. He is suggesting the City pick up 10% and employees pick up 4.68% of the increase. He also explained that over all utilization of health insurance is low, about 75% to 79% and there is still an increase. He is not sure what can be done; the national scene says it will be jumping in double digits for the next few years. City Manager Esplin reviewed the Power Department budget. The department has asked for 2 new people, a Computer System Administrator (CSA) and a Resource Coordinator. These 2 positions are recommended in the strategic plan. He is not recommending hiring them currently. He discussed the changes in Power Generation Superintendent position. The position has been advertised as an Operations Engineer. Regarding the CSA, a City wide analysis is being done. Mark Mortensen has been asked to review this situation. The group discussed the problems with decentralization of the computer system administration responsibilities as well as striving for uniformity with regard to software. Council Member Allen asked if there a possibility the police department will be on the same system as the rest of the City. City Manager Esplin explained that the nature of the police department system and how the department has to handle reporting prohibits it. He explained there has been discussion as to whether the patrolman that maintains the system should be a patrolman or a computer person. The group discussed the financial reporting with regard to the power department. It was noted the purchases from UAMPS is significant, particularly at this time of year. It was discussed that when the monthly financials are prepared Phil Peterson has to estimate the UAMPS bill because it does not arrive until the third week of the following month. City Manger Esplin indicated the Power Department is trying to sell what any power purchased on long term contracts that are more than what is needed to meet demand. Council Member Orton commented the demand and resources should be reviewed and projections made monthly. He asked if the council is in a position to change rates quickly. City Manger Esplin explained that hopefully revenues and expenses will level out over the year, he doesn't want to lower the rate in the spring and then raise it again in the summer when the demand is higher and power purchases are required. Council Member Gardner commented that there is a very fine relationship between purchasing and pricing. Raising rates doesn't always solve the problem. He also indicated the effect of the UAMPS billing cycle on the monthly financials has been an ongoing discussion of the Water and Power Board. He indicated it is an issue that the board and the staff have not been able to get on top of. City Manager Esplin reviewed the budget for the golf courses. The department had a great April and a steady May. Long term the golf course strategy is simple, the goal is to try and hold the system together until 2008. After 2008, the bonds will be paid and the golf courses should do better. The estimate is to have about $600,000 - $700,000 extra in the golf fund once the debt is paid. He explained Dave Terry has some ideas about pricing scenarios and trying to maximize funds. For 9 months of year there is ample space on the course. He commented consideration of what the market will bear with pricing has to be taken into account when setting green fees. He indicated it's not really what everyone thinks it is as far as making money in golf business. Council Member Orton commented that the positive effect the golf courses have for economics in community is immeasurable. City Manager Esplin indicated the more golf courses of quality for the winter season the better. But they have to be marketed and Dave Terry is working with other courses to market them better. Council Member Whatcott commented that an article in Salt Lake Tribune newspaper indicated the number of golfers is stable while the number of courses has grown across the country. The marketers say the number of golfers hasn't increased because of prices and there are no public courses being built anymore. City Manger Esplin pointed out that golf courses are part of the economic development. He said Dave Terry has pointed out the golf courses have a significant affect on the economy. He also commented that the Dixie Center is subsidized because of economic impact it has on community and the same could be true for the golf courses. Although he is not suggesting they be subsidized indefinitely, but the impact on community economics has to be considered. He explained a grant of about $17,000 in federal funds has been awarded to teach children how to play golf. City Manager Esplin explained the building authority covers the debt services at Sunbrook Golf Course, the Police Building and the Opera House. He explained the Waste Water Treatment Department is looking at $2.3 million in costs for the first portion of the reuse plant. Currently, the department is trying to figure out what to do with all the water from the wastewater plant. They would like to put in Gunlock mix it and send it down the Santa Clara River. However, there is some question of people's willingness to ski and swim in reuse water. There has to be a place to store some of that water. Putting it in Gunlock will not be a permanent solution as 6 out of 10 year's excess water is spilled over at the Gunlock Reservoir. There is a site out by Ivins and Santa Clara cities. There is not enough capacity in golf course ponds to store the water. The group discussed how water would get to the storage facilities and possible storage facilities. Also discussed was the right of Ivins and Santa Clara cities to access some of the water. The reuse pipeline to be constructed as a result of the Shivwits settlement would have to be sized to meet those access rights. The City will receive $16 million from federal government to build the plant and the line. There was discussion about the work being done at Sand Hollow Reservoir and if it was going to address any of the ground water recharge issues. Concerns of the water quality, particularly the salt levels were discussed as well as how the issue can be addressed when the Quail Creek Treatment Plant is expanded. Other Business: Gil Nichola addressed a question to the City Council. He indicated there will be an AOPC meeting in a couple of days. There are a couple of topics that the organization needs answered. He indicated in the January 2002 City Council meeting water rates were increased by 15% and the AOPC was told their concerns regarding paying higher rates than individual residential units would be addressed. He explained that it is almost to June and asked when new water rates will be instituted. Mayor McArthur indicated the staff has reviewed the difference rates and determined it is about 10% higher for PUD's. Gil Nicola explained that when the AOPC did their study the PUD's were using more water, since that time they have reduced water use. In his development, Santa Fe, they are paying about a 10% higher rate. He explained the AOPC is looking for new water rates and asked why is it delayed so long. City Manager Esplin explained that Phil Peterson has pulled all the meters of PUD's and is trying to determine the effect of a rate change will have on the capital fund and total system revenues. Hopefully Mr. Peterson will have it done by July 1, 2002. Council Member Whatcott commented he has had conversations with Phil Solomon and others regarding trying to determine what will be equitable. The cost to developers of PUD's was less because of the reduced cost of impact fees when fewer meters are installed. Hopefully the reduced cost was passed on to the home buyer. In looking at retrofitting each unit with a ?" meter, the home owner will have to pay impact fee for meter. It could take 35 years to recover the impact fee costs by paying less for water. Paying 10% more for water may be less expensive than paying for the meter. The premise was the contractor passed on the savings to the people who bought the homes in PUD's. Council Member Orton asked why individual meters are not installed for everyone. Council Member Gardner indicated one issue is the landscaping. People live in PUD's expect the landscaping to be taken care of. If individual meters are installed, the development may loose the continuity of the community. Gil Nicola commented that the residents pay for the landscaping and the roads. Council Member Gardner asked Mr. Nichola how would he suggest the water bills be individualized and maintain the continuity of the entire development. One person will water lawn and others won't. The group discussed the Ridge situation, which has a loop system. Seven meters service 197 homes. The developer avoided some of the impact fee costs. It was discussed if those savings were passed onto the home buyer. Gil Nicola commented whether the savings are passed onto the home buyer is the question. He indicated in the Water and Power Board meetings implementing surcharges are being discussed. How will that affect the PUD's? The AOPC requested a meeting with City Council about 5 months ago and hasn't heard when it is scheduled yet. The issue was discussed further. It is a complicated issue without an easy solution and has been sent back to staff for options. The staff is working on this issue and other projects at the same time. The group discussed that some choices people make they have to live with. One problem is that some people don't understand what they are getting into when they buy into a PUD. The group discussed the impact to the City if individual meters are installed on all PUD's units. City Manager Esplin explained he has asked for recommendations from staff and is hoping to have them in the next 30 to 60 days, but he can't guarantee it as there are other projects also being worked on, such as the issue of the sewer systems in PUD's. With regard to scheduling another meeting with the AOPC, he commented at the last public meeting with the organization, people were rude and inconsiderate. He indicated dialog is great, however when answers to questions or the City's side of the facts are treated with rudeness, there isn't a lot of encouragement to have more meetings until we have all the facts. He indicated it's been a difficult year, requiring a lot of time and effort to develop water and power solutions. He indicated the staff is working on it and will get to it...


City Council Minutes 12/13/2001:
...rce purchase to Permabond, Inc. in the amount of $34,109.75. Water and Power Director Wayne McArthur explained that the clear well is a place where water is detained and mixed with chlorine after it is filtered. A motion was made by Council Member Gardner and seconded by Council Member Orton to award the bid to Permabond, Inc. in the amount of $34,109.75. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider purchase of stand-by generators for the fire stations. City Manager Gary Esplin advised that the following bids were received for purchase of three stand-by generators for the fire stations: Wheeler Power Systems $29,946 Ahern Rentals $55,860 Cummins Intermountain $34,617 Diesel Electric Service $33,675 Colorland Sales $35,697 Rasmussen Equipment $39,408 St. George City Council Minutes December 13, 2001 Page Two He recommended award of the bid to the low bidder, Wheeler Power Systems, in the amount of $29,946. Mr. Esplin advised that purchase of these three generators will now equip all substations with portable generators. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to Wheeler Power Systems in the amount of $29,946. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the Gunlock chlorinator project. City Manager Gary Esplin advised that three bids were received as follows: Weidner & Associates $42,127 Waterford Systems $42,912 Engineered Fluid, Inc. $118,276 He recommended award to the second low bidder, Waterford Systems, in the amount of $42,912 since the City currently has a Waterford system in place and would like to use similar spare parts, etc. A motion was made by Council Member Gardner and seconded by Council Member Allen to award the bid to Waterford Systems in the amount of $42,912. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the redrill of Gunlock Well No. 1. City Manager Gary Esplin explained that getting someone to bid was difficult, and the City received only one bid, from Gardner Drilling, in the amount of $226,598. Water and Power Director Wayne McArthur advised that the bid amount is based on a depth of 800 feet, and will be adjusted on a per foot basis if more depth is needed. The well will be redrilled to a depth of 1,000-1,100 feet before giving up. This is also a substitute hole, not a re-drilling of the same hole. A motion was made by Council Member Isom and seconded by Council Member Allen to award the bid to Gardner Drilling in the amount of $226,598. Mayor McArthur called for a vote, as follows; Council Member Isom - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. St. George City Council Minutes December 13, 2001 Page Three ORDINANCE: Consider approval of an amendment to the City?s handicapped parking ordinance No. 12?3-91. City Manager Gary Esplin advised that this ordinance amendment is needed as a result of a decision made by Fifth District Court Judge Shumate. According to State law, an upright sign is needed as well as a marking on the ground in order to designate a handicapped parking spot, and the City will simply be adopting this standard. The City will also be sending notices to businesses requesting their compliance with this ordinance. A motion was made by Council Member Orton and seconded by Council Member Isom to approve the ordinance. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Isom - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001 recommended approval of the preliminary plat for Sunset Lane Subdivision located on the north side of 540 North Street and west of Westridge Drive. Ed Burgess is the applicant. A motion was made by Council Member Whatcott and seconded by Council Member Gardner to approve the preliminary plat. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye Council Member Isom - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001 recommended approval of the preliminary plat for Seven Hills Subdivision located on 2200 West and north of Sunset Blvd. The applicants will build the entire width of the roadway as requested by the City Council and a median to match the Tuweap Drive theme with curb and gutter on both sides of the street and sidewalk only on the development side of the road. The roadway is a 66 foot right-of-way. The Planning Commission recommended approval with the conditions discussed in a previous meeting regarding landscaping, the cut along the wash, stacking sandstone along the ridge after the cut along the wash, etc. Vince Clayton is the agent. City Manager Gary Esplin commented that since this is not a 80 foot wide street the Council will have to approve City maintenance of the landscaping along the right-of-way. The City will have approval rights on the landscaping sp that it will be low maintenance similar to that of Entrada?s on Snow Canyon Parkway. A motion was made by Council Member Isom and seconded by Council Member Allen to approve the preliminary plat subject to the stipulations made at a previous meeting. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye St. George City Council Minutes December 13, 2001 Page Four Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001, recommended approval of the second amended preliminary plat for Paradise Canyon located at 1200 West Snow Canyon Parkway. He explained that the purpose of the amendment is to remove lot/pad 135 from Phase 3 and relocate it in Phase 5, and to increase the size of lot/pad 136. Milo McCowan is the applicant. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the preliminary plat. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 11, 2001 recommended approval of the preliminary plat for a two lot subdivision located at Mesa Palms Drive and Tonaquint Drive. This is part of a PD residential zone which received approval September 13, 2001. There will be two residential facilities (Beehive Homes), one on each lot, with a total of 24 bedrooms, 12 bedrooms in each home. Corry Development is the applicant. A motion was made by Council Member Isom and seconded by Council Member Orton to approve the preliminary plat. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 11, 2001, recommended approval of the preliminary plat for Painted Desert Phases IV, V and VI, with the contingency that the phases continue to be a part of the project homeowners? association, CC&Rs, and work under the same umbrella as the approved PD. Chuck Spilker is the applicant. Council Member Isom declared a possible conflict of interest as her company is doing the title work for this project. A motion was made by Council Member Allen and seconded by Council Member Gardner to approve the preliminary plat subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye St. George City Council Minutes December 13, 2001 Page Five Council Member Isom - aye Council Member Orton - aye The vote was unanimous and the motion carried. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held December 11, 2001, recommended that a public hearing be scheduled for January 3, 2001 at 5:00 p.m. to consider approval of an amendment to the Zoning Ordinance, Chapter 17, Planned Development Zone, Chapter 6, Off Street Parking Requirements, and Chapter 15, Multi-Family Residential Zone, regarding setbacks and driveways. A motion was made by Council Member Allen and seconded by Council Member Orton to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for the increased height of a garage up to 24' at 655 South 300 East. William Powell, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001, recommended approval of a conditional use permit for the increased height of a garage up to 24 feet at 655 South 300 East with the condition that the room above the garage never be used as a residence. A bathroom is shown on the proposed building plans. William Powell is the applicant. The applicant advised that the bathroom will contain a sink and commode only. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for Red Rock Auto Sales lot being moved to 880 East St. George Blvd. Drew Ferwerda, applicant. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held November 27, 2001, recommended approval of a conditional use permit for Red Rock Auto Sales to be located at 880 E. St. George Blvd. subject to shared access with Larsen?s Frostop and one sign of appropriate size and height. Drew Ferwerda is the applicant. Mr. Bradley advised there has been some concern with the mixed use of the site (a gas station and auto sales lot). However, the applicant plans to phase out the retail gas sales and retain one St. George City Council Minutes December 13, 2001 Page Six gas island for fueling of the for-sale vehicles only. The current lessee has a contract with the owner, and the proposed arrangement would have to receive approval by the owner. A propane tank will be removed and parking will have to comply with the ordinance. Council Member Isom requested clarification of the sign issue. Mr. Bradley advised that the signs are currently non-conforming, but the applicant is willing to comply with the ordinance. One of the gas islands will be capped so that the owner will retain the option of a full service gas station again in the future. Council Member Orton commented he hated to see multiple uses at the same location as they would then have to be allowed everywhere. He made a motion to deny the request. The motion was seconded by Council Member Whatcott. Gary Kuhlmann advised that he represented the applicant, Drew Ferwerda, but the business is owned by Hyrum Smith. He then reviewed the history of his client?s business, and advised his client was merely seeking equal treatment. He advised his client?s business at this location was shut down and a criminal citation issued. His client has had numerous contacts with the landlord, but a long term lease cannot be negotiated until and unless the City grants permission for the operation. He advised that the retail gasoline operation will be phased out by selling the gasoline so that the current lessee can recoup his investment. The auto sales business may also hire the current lessee to do work on cars in the shop. The outer gasoline island will be capped and the inside gas island retained for private business use only. This use is consistent with other car lots approved by the City Council, such as the St. George Motor Cars lot on Bluff Street which was allowed to operate without a paved parking lot or landscaping, and they were not shut down. He advised that his client can meet landscaping and parking requirements, and the shared access is already there. The only issue remaining is the current lessee would like to sell gasoline for six months. Mayor McArthur replied that the used car lot on 400 East St. moved all its cars until it could comply with the City?s ordinance. City Manager Gary Esplin advised that staff is concerned about two businesses operating at one location, however, if the retail gas sales will be phased out in six months, this may be an option to consider. Council Member Allen advised that the Planning Commission?s recommendation contained a six month time limit for phasing out the existing retail gasoline business. City Manager Gary Esplin commented that he did not see how an application could be made without the owner?s participation. Mr. Kuhlmann replied that the car lot will lease the property from the owner. He advised that originally his client and the lessee had talked about a joint use of the property, but that now is not their intent, and the lessee simply wants to recoup his financial expenditure. Any fuel purchased in the future will be for use by cars on the lot, and not for retail sales. Council Member Whatcott inquired why it would take six months to empty the gas tank. Council Member Allen replied that the six month period was suggested by the Planning Commission, and it was also for changing the sign. Mr. Bradley advised that the ?Shell? sign will be removed as well as one of the existing pole signs. St. George City Council Minutes December 13, 2001 Page Seven Ryan Hafen, current lessee of the property, advised he could empty the gas tank in 10-15 days. He stated he would still be doing service work for car dealerships in town such as changing oil, filters and lubes. Council Member Allen commented this was a common component of used car and other car-related businesses. Council Member Gardner suggested shortening the phase-out period. Mayor McArthur called for a vote on the motion and second previously made. The vote was as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - no Council Member Isom - no Council Member Gardner no The motion failed. A motion was made by Council Member Allen to approve the conditional use permit subject to the recommendations of the Planning Commission with a phase-out period of three months rather than six. The motion was seconded by Council Member Gardner, who commented he thought the business met the requirements of the ordinance, even with mechanic service as it is closely related. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Isom - aye Council Member Orton - no Council Member Whatcott - no The motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-10 Single Family Residential to AP Administrative and Professional Office for a new health center to be located at 1400 East on the south side of Foremaster Drive. David Blake, applicant. Community Development Director Bob Nicholson advised that the general plan identifies the area as professional office. A public hearing on the master plan was held in May 1998 at which time this property was changed from medium density to professional office. Thus, the request is in compliance with the master plan and the Planning Commission recommends approval. If the zone change is approved, a variance for the height of the first building will be considered later on the agenda. The proposed building will be located along Foremaster Drive at curb level. David Blake, applicant, advised that he represented 20 physicians and health care professionals, all combined in an attempt to create a small health care campus as an adjunct to the adjacent hospital. As noted, the site is undulating in nature with low and high spots, but this site will be level and at the same elevation as the adjacent street. Mayor McArthur opened the public hearing. Community Development Director Bob Nicholson advised that the City has received a petition from the Meadow Creek homeowners claiming that the zone change request constitutes spot zoning. However, it is not spot zoning as the St. George City Council Minutes December 13, 2001 Page Eight request is in compliance with the master plan, and is adjacent to the hospital campus across the street with similar zoning. Dean Williams, a resident of Meadow Creek, advised that he represented 80 homeowners in the adult community who will be affected by the zone change. He advised that when he and others purchased their homes adjacent zoning was residential and he was assured it would remain that way. He advised the zone change would be spot zoning because it changes a residential area into a commercial area, and it would destroy the integrity of the single family homes in Meadow Creek. He also expressed concern about elimination of height restrictions, traffic patterns, and drainage problems. He encouraged the Mayor and City Council not to destroy the integrity of the area and to deny the zone change. He commented that adjacent homes would be lower than the proposed site and to have a 50' structure above the roof level line would interfere with the view and depreciate property values in Meadow Creek. He advised that approving this zone change would have a domino effect on the entire area. He urged denial of the zone change. Mayor McArthur replied that under the old master plan, the property in question was designated as medium density residential, 13 units per acre, and apartments could have built on the property. In 1998 at the time the master plan was changed, residents of Meadow Creek advised they would rather see the master plan changed to Administration Professional than have apartments. That master plan is now in effect. Dr. Michael Anderson advised that he was among the 20 physicians and health care specialists who would like to develop a first class medical complex adjacent to the new hospital. He advised they feel that better care will be provided and the new building will be convenient for patients. He encouraged approval of the zone change request in the best interests of the community. There being no further public comment, Mayor McArthur closed the public hearing. Council Member Whatcott commented that if he lived in Meadow Creek and had the option of having adjacent property developed with 13 units per acre or having AP zoning, he would prefer AP zoning. He made a motion to approve the zone change as requested. Council Member Orton seconded the motion. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. City Manager Gary Esplin advised that something will be built on the vacant property immediately next to Meadow Creek unless the Foremaster family donates the property to the City. Council Member Gardner commented it was still the plan of the Foremaster family to continue with the donation. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from A-20 Agricultural 20 acre minimum lot size and RE-12.5 Residential Estates 12,500 sq. ft. minimum lot size to R-1-12 Single Family Residential 12,000 sq. ft. minimum lot size on 26.647 acres at approximately 2400 East on 1450 South. Paul Jensen, applicant. Community Development Director Bob Nicholson advised the subject property is located on the north side of 1450 South across from the Stonecliff project. St. George City Council Minutes December 13, 2001 Page Nine He is planning to expand The Springs Estates project to the east and is requesting a zoning designation of R-1-12, the same as the rest of The Springs Subdivision, except animals are not allowed. The Planning Commission recommends approval. Paul Jensen, applicant, advised there is a total of 74 acres in the project, with 11 acres donated to the City for a park. The reason R-1-12 zoning is being requested is because larger lots without animals are desired. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the zone change as requested. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from R-1-8 Single Family Residential to R-2 Duplex Residential on .832 acre located north of Diagonal Street on 500 West Street which will consist of two duplex units and nine detached units. Habitat for Humanity, applicant. Community Development Director Bob Nicholson advised the property in question is 1.8 acres. The lower half of the property is currently zoned R-2 and the applicant is asking for the balance of the property (.83 acre) to be zoned R-2. Years ago this property was zoned PD Residential, but has since expired due to lack of activity, and it reverted back to R-1-8 zoning. The applicant is proposing 14 dwelling units with access to 500 West. 500 West is about two feet shy of what a standard public street is, but would accommodate the increased traffic. The Planning Commission unanimously recommended denial based on incompatibility issues. Rebecca Stucki, representing Habitat for Humanity, applicant, advised that in February, 1999 the City adopted an affordable housing plan to support non-profit housing organizations in development projects via technical assistance, including zoning. Habitat for Humanity provides pride in home ownership and stabilization of communities. She advised that she and others have spent many hours visiting with concerned residents, and Habitat for Humanity has come to the conclusion that the project is necessary and will have a minimum impact on the neighborhood and solve issues such as access and traffic. Access is off Diagonal and will be along 500 West. Staff has reviewed the plan and determined that the increased traffic will not adversely affect the area. Additionally, the illegal subdivision in this area will be eliminated through the development process. Rosenberg Associations made an analysis of drainage from the hillside via two small natural channels. At least one resident in the area has changed the natural flow and it now comes across the proposed site. The total area of drainage is 13 acres, and the total area draining into Flood Street is 324 acres, so the two cannot be compared. According to Rosenberg Associates, a 24" pipe is more than sufficient to handle the drainage, and an additional three catch basins have been included in the budget for the project. She then distributed copes of the drainage study. She advised that the City has reviewed the hillside issue and determined the project is within hillside guidelines. All issues are manageable, and as the current zoning stands, 10 homes can be built on the property. There is already one existing home on the property. The zone change will allow an increase of three more homes to be built, and is of great importance to keep the project affordable. It is also the St. George City Council Minutes December 13, 2001 Page Ten intent to have all the homes under one association controlled by Habitat for Humanity for the length of the mortgage. Mayor McArthur opened the public hearing. Joy Ann Carey commented that the proposed project will surround her home, and while she has raised her children and two foster children, she would prefer not to have children playing around her bedroom and patio area. She advised when she bought her property the adjacent property was not zoned duplex, and duplex zoning would be disruptive to her home and will change the character of the neighborhood. She advised that 500 West is a substandard street with no parking. She commented the proposed project will be crowded, and a place for children to play should be planned in the middle of the proposed project, and not adjacent to her home. She advised that the Hidden Cove condominiums have had a large impact on the area, and with the addition of the proposed project, there will be two congested areas which will negatively impact the entire area. She commented she has worked hard to create an oasis, and while she is not against Habitat for Humanity, she hoped that when the City Council voted, they voted as if they lived in her neighborhood and considered the problems which currently exist there. She commented that the land is a legacy for generations to come, and so many homes should not be put in such a small area. Geri Hansen advised she lived adjacent to the property in question, and she bought there because of the open space and lack of congestion. However, since then nearby zoning has been changed, including development of the Hidden Cove project, and now the applicant is proposing to put another development right up to the property line. She advised there have been boulders and sand come down from the hill during rain storms, and she has seen several 100 years storms in the 30 years she has lived there. She also expressed concern about access for fire trucks and other emergency vehicles. She advised there are real safety issues, including parking concerns. Mayor McArthur advised the proposed development will have to meet parking standards. Ms. Hansen replied that parking standards may be met, but not common sense. She inquired about the square footage of the proposed units. Mr. Nicholson replied the ordinance requires a minimum of 900 sq. ft. Ms. Hansen replied that some of the units on the plat are 20' x 38'. Council Member Whatcott commented that he had the same concern, but a correction was made and the units will be 30' x? 38. Mark Fonger, Rosenberg Associates, advised there will be two off-street parking spaces per unit, resulting in four parking spaces per unit, and all of the units will be single level. Jeff Jennings distributed copies of a hand-out and played a two minutes video of the adjacent hillside during a ran storm. He advised that he measured 500 West Street, and there is only 29' of asphalt. If vehicles are parked on either side of the street only 11 feet of passageway is left, and this is the situation right now. The street now is dangerous, and the applicants are proposing a 25' private street off of it. He advised that all of the water from the hillside currently drains onto the proposed property. The project is completely out of harmony with the neighborhood. Hidden Cove has no off-site parking and visitor parking is bad. Additionally, there are problems at the nearby intersections. He stated that while Habitat for Humanity would like the City Council to think that those opposed to the project are opposed to poor people, this could not be further from the truth, and many residents built their homes themselves. Additionally, there are water pressure problems in the area, as well as drainage problems. He stated he would like to know why Habitat for St. George City Council Minutes December 13, 2001 Page Eleven Humanity does not care about the feelings of the residents of the area, as they have said they are going to build whether the residents like it or not. He stated the purpose for zoning is to protect, not change, and the request for rezoning is from the developer, not property owner. A landlocked area of at least an acre will also be created if the zone change is approved and the project built. He advised that many health and safety issues already exist, and zoning problems, density, street, safety and flood problems cannot be resolved. The proposed project will require detention basins and head walls, and there will be surface drainage, and where it will all go has not been addressed. He requested that the zone change be denied. Ellen Kinect, a volunteer for Habitat for Humanity and a resident of the area, stated she did not foresee any problems with traffic or access onto or off of 500 West and 600 North. She advised there are existing flooding problems, no matter what, every time it rains, and this is a problem in the entire area. She advised that Habitat for Humanity has worked hard to address the drainage issues which may affect the neighborhood. She commented that many of the fears of the adjacent homeowners were unfounded. Ken Ashman inquired where the children would play when so many homes would be squeezed into the area. He commented that if Habitat for Humanity were really concerned about people, they would not squeeze them into a motel-type situation. Gary Kuhlmann advised that he spoke on behalf of 40 homeowners, and the issue was not about Habitat for Humanity or a charitable program for affordable housing, but about a zone change and a neighborhood. The issue is about changing the zone to a higher density and changing the character of a neighborhood. He stated he believed the project violated the General Plan and should not be considered, as the Zoning Ordinance says zoning shall be construed to follow platted lot lines, therefore this zone change is premature without a General Plan amendment. Rezoning to R-2 would violate the General Plan, as well as impact the hillside. In 1988 this property was divided into three lots, and now constitutes an illegal subdivision. The City?s position has always been that an illegal subdivision must be cured before other matters concerning the property can be considered. Habitat for Humanity?s proposal will not cure the problem, but will create another illegal subdivision. If the City allows this zone change and development, it will be contrary to everything the City has historically done. As the present zoning stands, Habitat for Humanity can build ten units. He inquired why this was not enough. If the zone change is granted, it will impact the neighborhood and character of the hillside. However, not all adjacent property owners are against the zone change. Marian Gallian spoke in favor of the zone change at the Planning Commission meeting, and in fact said that she would then rezone her properties to multi-family. He advised that the width of the street is so narrow that trash trucks have to back down the street as there is not enough room to turn around. He urged denial of the zone change. Andy Sherman, a resident of St. George and volunteer for Habitat for Humanity, advised that Habitat for Humanity has built three homes in Santa Clara and had to deal with difficult issues at that time such as slopes, blue clay, pier and stem wall structures, etc., and was still successful in building inexpensive homes affordable by low income people. Habitat for Humanity does not make money by building these homes and sells them on a zero percent interest mortgage with the purpose to make the dream of home ownership possible for all people. It should be the agenda of the City to help all citizens within the community realize that dream. He commented that all issues could be resolved, and Rebecca Stucki addressed every issue with facts. By building 13 units instead of 10, Habitat for Humanity can keep the costs that much lower so the monthly payments will be affordable. He stated that the program would not bring drug addicts and low-lifes into the neighborhood, but quality people who otherwise lack a support system to afford their own home. He urged the City Council to not get distracted by issues of insignificance. St. George City Council Minutes December 13, 2001 Page Twelve Bruce Jenkins, the attorney for Habitat for Humanity, advised that the proposed project was consistent with the character of the neighborhood, and the City Council could not decide the issue on the sole basis of public clamor. Legitimate facts in favor of the project had been presented, and the project will help to relieve congestion and provide a place for vehicles to turn around, as well as provide access to the hillside. The upper property will not be landlocked. The project will be a blended one with townhome and single family residences, not uncommon to St. George. The project is in harmony with the Master Plan, and the illegal subdivision can be cured and all problems cleared up. There being no further public comment, Mayor McArthur closed the public hearing. Fire Chief Robert Stoker commented that the area in general was a real problem. Many of the roads in the area are 25' in width and inaccessible to emergency vehicles when vehicles park on the sides of the road. Some of the curbs in the area have been designated as ?no parking? but this has also become a maintenance issue. He stated that he had not seen the plans for the proposed project and could not specifically comment on them. City Manager Gary Esplin commented that the City has learned from the past about problems with PD-sized streets in these types of developments, whether public or private, and they are an enforcement nightmare. However, the issue before the Council tonight is simply the zone change and that is all it can consider. He commented that the City has shown through its past efforts that it supports Habitat for Humanity through its low income affordable housing program, and has deferred impact fees to help with home ownership. It is also supporting Habitat for Humanity through a grant for use wherever Habitat desires to help with affordable housing. Whether the zone change is right for this area is the issue to be considered. City Attorney Jonathan Wright commented that as to the illegal subdivision, at one point in time three divisions of a parcel of property was allowed, and he was not sure when the division of this property took place. However, before a building permit could be issued for this project, the illegal subdivision would indeed have to be rectified. Ofttimes the City is not aware of an illegal subdivision until the property is developed. As far as the Master Plan, the Planning Commission determined that the zone change request did not require a change in the Master Plan. The City Council would have to look at this and determine whether they believe the zone change request is consistent with the Master Plan, and if not, send the request back through the General Plan amendment process. Council Member Isom commented that if the City Council approves the zone change, deed restrictions could be placed on the property. City Attorney Jonathan Wright advised that deed restrictions cannot be made as part of a zone change. Council Member Isom commented that she felt the petition in opposition to the zone change was signed by many people who simply did not want Habitat for Humanity there. City Manager Gary Esplin commented that traffic, drainage, and off-site improvements will be dealt with as part of the development approval process, but tonight the City Council is simply considering a zone change from R-1-8 to R-2. With regard to drainage, he advised he had not seen anything from staff to verify Rosenberg?s findings, one way or the other. Mayor McArthur advised that the City Council must decide if the zone change is an appropriate change for the area, fits in the area, and fits the Master Plan. St. George City Council Minutes December 13, 2001 Page Thirteen Council Member Allen commented that if the zone change is granted, the area will be vested with R-2 zoning and could be used for other purposes which would not put any more density on the property than being proposed by the applicant. Community Development Director Bob Nicholson advised that R-2 zoning would allow a duplex on 8,000 sq. ft. City Attorney Jonathan Wright pointed out that when looking at the zone change, the City Council is not looking at the proposed project unless it is a PUD. They should consider what the proposed density would do to the area, and what impact the it would have on the neighborhood. Council Member Allen inquired about the maximum density of R-2 zoning on an 8/10 of an acre site. Council Member Gardner commented that the City Council must focus on the zone change and not the proposed plan, and while he appreciated Rebecca Stucki and her staff, he did not believe the neighborhood was opposed to Habitat for Humanity but instead concerned about density issues. As he drove the streets in this area, he recognized what Chief Stoker said about narrow streets, and there is no place to turn around except by encroaching into driveways. City Manager Gary Esplin commented this concern was germane to the zone change question because of the additional density to the area, as were safety concerns. Community Development Director Bob Nicholson replied to Council Member Allen?s question that R-2 zoning would generally allow five duplexes on 8/10 of an acre. Rick Rosenberg replied this was incorrect and only four duplexes would be allowed. Council Member Orton stated that while he was supportive of Habitat for Humanity, the project was not appropriate for the neighborhood. He made a motion to deny the request. The motion was seconded by Council Member Gardner. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Isom - no The motion carried. Mayor McArthur commented that denial of this request did not preclude Habitat for Humanity from proceeding by meeting the requirements of the zone. He called for a five minutes break. Council Member Gardner and City Attorney Jonathan Wright were temporarily excused from the meeting. Deputy City Attorney Ron Read took his place on the stand. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider a request for a zone change from OS Open Space on the Bloomington Country Club golf course to R-1-10 Single Family Residential 10,000 sq. ft. minimum lot size on .760 acre on Bloomington Drive West. Don Oborn, applicant. Community Development Director Bob Nicholson advised the subject property is located on the fringe of the golf course. The applicant tentatively proposes three lots. There is a restroom on the subject property, and several residents St. George City Council Minutes December 13, 2001 Page Fourteen have expressed concern that they do not want it in their backyards. There is also concern about loss of views. The Planning Commission recommended approval in the absence of any negative comments from neighbors. Mayor McArthur commented that the City has received several requests similar to this over the years, and inquired if any of them had been granted. Mr. Nicholson replied that six to seven years ago a similar request was received for eight to ten lots, and the City Council approved three. Any time Open Space is rezoned around a golf course there is controversy. Council Member Orton declared a possible conflict of interest as he is a member of the Country Club, but advised he would vote. Don Oborn, Vice President of the Bloomington Country Club, advised two membership meetings were held where this issue was discussed with the consensus being to proceed. The property consists of 400 sq. ft. of open space, with 300' proposed for development. Two areas on either side will be left as open space. He advised he personally visited with adjacent property owners and did not receive one negative response. The proposal will improve the area. There is also a serious problem with security on the golf course, and greens adjacent to the area have been damaged every year by motorcycles and four wheelers. Fencing is not desired. The restroom will be relocated. The Country Club has received tentative offers to purchase the land. Council Member Orton advised that the City Council has been working to obtain open space. He inquired if the property could be donated to the City for use as a park. Mr. Oborn replied it was not a good option to donate the land for a park as the area is too small, and would not solve the other problems. The Country Club would also like the money from sale of the lots. He advised he did not foresee another similar request from the Country Club. One tee will have to be moved, as well as a cart path, and the restroom will be relocated and landscaped. Mayor McArthur opened the public hearing. Marty Scilatta, past president of the Bloomington Country Club, advised he was not opposed to the rezoning, but was opposed to the fact that Mr. Oborn could not say where the restroom would be located. He stated he lived next to the 13th tee and understands the Club?s inclination is to move the restroom toward the back of his home. He proposed that the proposal be altered to two lots instead of three and allow the restroom to remain where it is. He stated he did not remember any membership meeting where this subject was addressed, and while the Board makes the decisions, the membership must approve them. He advised that Mr. Oborn will not be on the board as of January 1, and it is not known what the new trustees will want to do with this request. He stated that one of the reasons he purchased his lot was because of the view and the master planned community. The lots which were created a few years ago do not intrude on the fairway, but creation of these lots will. He advised that relocating the restroom will require that it be hooked to the City?s sewer system and the Country Club does not have any idea how much it will cost to move it. He stated that while he realized these issues did not apply to the zone change, they are important. The purpose of the sale is to get revenue for the Club, and there are other ways of raising revenue rather than altering a master planned community. He suggested the matter be tabled until a location for the restroom is identified. Richard Abbott, President of the Board of Trustees, advised that the zone change would be an improvement to the area, as well as resolve safety concerns and raise revenue for the Club. He stated he advised Mr. Scilatta that the location of the restroom would not be determined until City approval was obtained, and he was sorry the internal problems of the Board were brought to St. George City Council Minutes December 13, 2001 Page Fifteen the Council?s attention. The Board is fully in favor of the project, and the two new Trustees coming on to the Board in January are aware of the project. Council Member Orton inquired if the neighbors across the street had been consulted about losing their views. Mr. Oborn replied that he spoke with them and they have no problem with the project. When the restroom is moved it can be lowered, and will be landscaped. Mr. Scilatta advised he did not want hard feelings, but would like to know where the restroom is going to be located. Connie Keate advised that she was grateful for the opportunity to see the vistas from the property, and would rather see the view than more homes. The original planner and designer of Bloomington was inspired to keep some of the area open space, and there are still 11 vacant lots around the golf course with 12 on the interior. Ken Keate endorsed the comments made by his wife and stated if 50' were left on each side of the proposed lots, the golf course would not have any more security than it does now. He advised that many of the residents like the open space, location of the tees, and location of the restroom as it now stands. They would also like to have a view of the course from the street. He encouraged the City Council to not alter the master planned community, and suggested the Country Club may spend more relocating the restroom than they receive from sale of the lots. There being no further public comment, Mayor McArthur closed the public hearing. City Manager Gary Esplin commented that the City is supportive of the open space concept, and when an area is altered, it changes the complexion of everything else around it. This is not the first time the City has dealt with this issue and he did not know if it would be the last. Council Member Whatcott advised he recently played in a tournament at the Bloomington Country Club, and from a personal standpoint did not see how the lots could be developed and the view blocked as the community was planned and designed with open space. He made a motion to deny the request. The motion was seconded by Council Member Isom. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. City Attorney Jonathan Wright returned to the stand. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for Southwest Auto Sales at 696 East St. George Blvd. Jeremy Wagner, applicant. Associate Planner Mark Bradley advised that this property has been used for auto sales in the past. The Planning Commission recommended approval with the following conditions: (1) the disabled parking be located at an appropriate location; and (2) if the access is ever removed from St. George Blvd., the four foot landscape strip is to be extended over to the property line. St. George City Council Minutes December 13, 2001 Page Sixteen A motion was made by Council Member Isom and seconded by Council Member Orton to approve the request subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a building to be taller than 35' at about 1500 East Foremaster Drive. David Blake, applicant. Associate Planner Mark Bradley advised that the arch of the proposed three story medical office building will reach a height of 52', but the majority of the building will be 43'. The Planning Commission recommended approval subject to the zone change just approved by the City Council at this meeting. David Blake advised that the elevation of the building will stay the same. There is some contemplation about an underground parking garage, but this will change the elevation. Parking will be to the east of the building. The site is seven acres. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the conditional use permit. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Isom - aye Council Member Allen - aye The vote was unanimous and the motion carried. Dean Williams commented that when the City Council approves zone changes, it opens the door for other changes. He protested the request for increased building height because the homeowners want to preserve the integrity of their homes by protecting the view. He stated that a high rise building meant more traffic, and inquired if a traffic study had been performed. Council Member Orton advised that the City Council had no intention of hurting the residents of Meadow Creek Subdivision, but the zone change request is compatible with the master plan. Height issues are looked at on a case by case basis, and it is not unusual for a medical office building to be three stories in height and the building blends well. Mayor McArthur commented that the City Council chose to keep the height restriction to 35' so that it could evaluate each request for increased height on a case-by-case basis. Mr. Williams stated that residents are entitled to the security of the ordinance which restricts height to 35'. Raymond Duke, President of the Meadow Creek Homeowners Association advised that the City has now accepted their sewer system. He advised there were 16-20 people who lived on the east side of the project who would be affected by the project. Council Member Gardner returned to the stand. St. George City Council Minutes December 13, 2001 Page Seventeen CLARIFICATION OF CONDITIONAL USE PERMIT: Clarification of a conditional use permit for the Ted Warthen Center. Associate Planner Mark Bradley advised that when the conditional use permit for the Ted Warthen Center was originally approved, the applicant was advised to work with the neighbors. The neighbors do not feel what the applicant is proposing will work. At the time of the conditional use permit approval, Mr. Birbas expressed concern with trash receptacles from the project, and the applicant stated that if a wall were required, they would put one in. The ordinance states that a 6' solid wall is required if adjacent to a residential zone, but this is a residential zone with a conditional use permit. The ordinance also states that a 4' wall or berm is required to screen the parking area, and the applicant is proposing to place a berm with trees between the building the adjacent neighbors. Mr. Birbas does not feel this is adequate and requested that the matter be reheard to determine if a wall is required. Lou Birbas advised he represented four of the five adjacent homeowners who feel similarly - that the project has changed. He read a statement, and advised that the project has not provided a charter or mission statement, nor completed its plan as far as lighting, signs, proposed expansion, etc. The applicant has not cooperated with neighbors nor worked with the Department of Health. He requested that no building permit be issued until neighbors? concerns were satisfied. Mayor McArthur advised that as far as licensing a hospice, this would be done by the State, not City. City Attorney Jonathan Wright advised that a State license is required to operate a hospice, not build one. Mr. Birbas requested that a 6' wall be built around his property for privacy. City Attorney Jonathan Wright advised the Council is looking at the issue of requiring a wall or a berm. Alta Graham, representing the Ted Warthen Center, advised that she has been in contact with Mr. Birbas, who has made numerous demands. She advised that many of his allegations were unfounded, and she has been in contact with the State. She clarified that the Ted Warthen Center is a respite center, not a hospice, and will be based on a similar facility in South Carolina. The Center will be a residence which takes in guests, and will be manned by volunteers. Family members will not be staying overnight unless a guest is so terminal that he or she might pass away in the night. While it is true the City Council previously admonished her to work with the neighbors, she has tried to work with Mr. Birbas. She advised that Mr. Birbas was originally concerned about the trash receptacles, and she offered to place a wall around the trash area. The Center will be located more than a neighbor away from him, and is not a commercial use. She advised that Mr. Birbas had made many demands which she had not responded to and does not intend to. He wanted the Center to sell him property or buy his property. At this point, however, all she would like is a decision by the City Council if a wall or berm is needed. Council Member Gardner inquired how far away the Center was from Mr. Birbas? property, and was advised by Ms. Graham that there is 250' from the back of his property to the front of the Center. Ms. Graham advised there are no plans to build on the vacant property between the Center and Mr. Birbas. City Attorney Jonathan Wright advised when the applicant originally made the request, a conditional use permit was required. However, if the use has now changed to a home for the disabled, a conditional use permit is not needed. Ms. Graham again stated that the Center is not a commercial operation and no money will change hands. It is a 501C3 organization which accepts donations and is staffed by volunteers. St. George City Council Minutes December 13, 2001 Page Eighteen Mr. Birbas advised that he contacted the respite home in North Carolina and they are now a school. He also checked with the State, and they had never heard of them. Apparently this was the only home of its kind in the country. He advised that he has not made demands on the Center, but simply suggestions, and he has been ignored. Chris Amidan, a resident in the area, advised she did not have a problem with the Center, but was concerned that this was the first time she had heard it would be a respite center, as it has always been referred to as a hospice. She inquired if this change was for convenience to avoid regulations. She commented there was a big difference between the elderly and terminally ill. She expressed concern that children from a neighboring school would be susceptible to communicable diseases. Council Member Whatcott inquired if the conditional use permit were granted for a hospice, if it needed to be reheard because the use had changed to a respite. City Attorney Jonathan Wright advised that in this case the Center will be a residential care facility for the elderly, which would require examination of the same issues which were examined when the conditional use permit was issued for the hospice. The conditions and use are the same under the criteria established by the City, whereas a home for the disabled does not need a conditional use permit at all. Ms. Graham advised that a respite center is a place for family members or others who take care of the elderly to take the elderly for a few days when the caretakers need a break or are going to be out of town. The elderly will not necessarily spend their last days at the Center. Council Member Gardner inquired of Mr. Birbas if he wanted to purchase a small portion of the Center?s property to landscape. Mr. Birbas replied that he would like a quarter of an acre. Ms. Graham advised that the Center paid $112,500 an acre for the property. Mayor McArthur reminded that the issue was whether to require a berm or a wall. A motion was made Council Member Orton to require a berm all the way across the property. The motion was seconded by Council Member Whatcott. Council Member Gardner suggested a landscaped berm surrounding Mr. Birbas? property. Mr. Birbas stated that the berm would be 100 feet away and not do him any good. Council Member Gardner stated that he thought moving the Center further from the adjacent homes mitigated some of the concerns of the neighborhood Mayor McArthur called for a vote on the motion previously made, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Isom - aye Council Member Allen - aye Council Member Gardner - no The motion carried. APPROVAL OF MOBILE CATERING LICENSE: Consider approval of a business license for a lunch and ice cream catering truck. Julio Morales, applicant. St. George City Council Minutes December 13, 2001 Page Nineteen A motion was made by Council Member Whatcott and seconded by Council Member Isom to approve the mobile catering license. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Isom - aye Council Member Gardner - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit and facility reservation for a soccer tournament to be held on January 19, 20 and 21, 2002. Firebird Soccer Club, applicant. City Manager Gary Esplin advised that originally the applicant asked for a waiver of the fees, but was advised the City could not do this. Staff sees no problems with the request. A motion was made by Council Member Isom and seconded by Council Member Whatcott to approve the special event permit. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye The vote was unanimous and the motion carried. PROPOSED PROJECT AT GREENE GATE VILLAGE: Presentation from GGV Group, LLC regarding their proposed project in the Historic District at Greene Gate Village and exception to the Historic District restrictions on the Judd house. Community Development Director Bob Nicholson advised that he, the City Manager, and Mayor met with a gentleman who has an option to purchase Greene Gate Village and has some plans for changes, one of which involves the possible removal of the Judd house on the corner of 100 West and Tabernacle. The applicant met with Kim Campbell of the Historic Preservation Commission who feels the home is a valuable asset to the historic district and should not be removed. The applicant is not requesting a demolition permit for the home, but would like a philosophical discussion about Greene Gate Village in general. There are plans for replacing the home. Council Member Allen inquired why the Historic Preservation Commission was opposed to the request when the applicant will constructia building that looks more like a pioneer building. Mr. Nicholson replied the Commission feels home is unique. City Manager Gary Esplin commented that the City?s concern is what will happen to Greene Gate Village if it is not viable from an economic standpoint, as it is a tremendous asset to the City?s Historic District. Tiffany Taylor, representing V V G Group, advised they are a family-run business and have been a part of Utah for over 100 years. The family is very familiar with pioneer homes and preserving history and appreciates the historical significance of the business. Greene Gate Village is important to St. George. The Greenes are no longer financially able to continue putting their personal funds into the Village, and V V G Group would like to take on the project and St. George City Council Minutes December 13, 2001 Page Twenty turn it into an economically viable project by sacrificing one building to save the rest. Six of the nine structures are already protected and restricted in use, and a bed and breakfast will maximize use of the property. The space where the Judd home is located is 13,000 sq. ft., and it is proposed to replace the home and add four to five more guest rooms and a banquet room to support the catering goals of the Village. A formal guest lobby will tie everything together. City Manager suggested a joint meeting with the Historic Preservation Commission. The City has spent a lot of money purchasing the School District property to bring something such as this to the downtown area. City Attorney Jonathan Wright explained that the demolition permit process includes a 90 day period in which the Historic Preservation Commission can review the permit and building and make their recommendation to the City Council. Ms. Taylor expressed concern that the Historic Preservation Commission was opposed to the project, and V V G Group did not want to be denied their use of the property. She advised they were not asking the City Council for money, but merely support for the project. A motion was made by Council Member Whatcott to help maintain the viability of Greene Gate Village. The motion was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye Council Member Isom - aye The vote was unanimous and the motion carried. City Manager Gary Esplin advised he would schedule a work meeting in January with the Historic Preservation Commission and the applicant. City Attorney Jonathan Wright advised the applicant that it would be advisable to begin the permit process as the project could not be approved without seeing what will be in its place. REPLACE FREEWAY SIGNS: Consider approval to replace existing signs along the I-15 freeway. Dale Jones, applicant. This matter was tabled. PROFESSIONAL SERVICES CONTRACT: Consider approval of a professional services contract with Carter & Burgess for program management services at the new airport. City Manager Gary Esplin advised that a copy of the proposed tasks were included in the packet. The project would be completed in phases, with the first two phases helping to negotiate property acquisition for the new airport. The next phase would be for a feasibility study to make sure costs are in line with the budget. The City will only be contributing seven to eight percent of the total cost of the project. There are matching funds in the budget once the grant is received from the FAA. The cost of the first two tasks is $147,000. A motion was made by Council Member Gardner and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Orton - aye St. George City Council Minutes December 13, 2001 Page Twenty One Council Member Allen - aye Council Member Isom - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES CONTRACT: Consider approval of a professional services contract with AGEC for testing of a site for the new replacement airport. City Manager Gary Esplin explained the amount of the contract is not to exceed $89,395. The City will have to match its share of the grant. Public Works Director Larry Bulloch advised that AGEC is a local company. A motion was made by Council Member Isom and seconded by Council Member Gardner to approve the professional services contract. Mayor McArthur called for a vote, as follows: Council Member Isom - aye Council Member Gardner - aye Council Member Isom -aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. TRADE OF CITY-OWNED PROPERTY: Consider a request from Bryce Christensen for trade of City-owned property behind Star Nursery on Sunset Blvd. City Manager Gary Esplin advised the City owns property in the City Creek Wash behind Star Nursery. Star Nursery would like to use the property to stack materials and in exchange will pipe the wash. Bryce Christensen advised the area is 50' x 125'. He has already cleaned some of it up and hauled away 25 loads of debris. Star Nursery is in the process of buying the Pipe Connection and would like to connect the two. An 8' high wall will be built. A motion was made by Council Member Gardner and seconded by Council Member Isom to approve the trade as requested. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Isom - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. DETERMINATION OF IMPACT FEE: Determination of impact fee for IHC hospital. City Manager Gary Esplin advised that the City?s sewer impact fee schedule ends at a 2" connection, and IHC is requesting a 6" connection. It is recommended that based on volume, the impact fee for a 6" connection be set at $56,000. A motion was made by Council Member Isom and seconded by Council Member Allen to set the impact fee at $56,000. Mayor McArthur called for a vote, as follows: St. George City Council Minutes December 13, 2001 Page Twenty Two Council Member Isom - aye Council Member Allen - aye Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PAYSON POWER PROJECT CONTRACT: Consider approval of the Payson power project contract with UAMPS. City Manager Gary Esplin advised that the Water and Power Board recommended approval of the contract. Water and Power Director Wayne McArthur advised that this morning the City made a $6,000,000 purchase of firm power at 4.175? per kilowatt hour for the year 2002. A motion was made ...


City Council Minutes 01/30/2014:
...h the snow, golf courses could face issues as well as the increase cost of power for the Power Department. Councilmember Almquist inquired, with regard to the Dixie Center, about the revenues versus expenditures. City Manager Gary Esplin explained that the revenues are not shown since they are being generated, rather, the report shows the 1% room tax that the City receives. There are some costs that the City is reimbursed for. MOTION: A motion was made by Councilmember Arial to approve the financial report. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote, as follows: St. George City Council Minutes January 30, 2014 Page Three Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid to JMI Constructors for a new neighborhood park in Little Valley. City Manager Gary Esplin advised the bid is for Silkwood Park in the Little Valley area. The proposal with the developer was to take the private park and expand it into a larger park. The City would take over the operation and maintenance. This bid is to construct the park which is included in this year’s budget. Purchasing Manager Connie Hood advised the bid is for Silkwook Park. JMI Constructors was the low bid at $385,301.22 which is below the engineer’s estimate. Councilmember Almquist inquired if the bid is quite a bit lower than another one, how does staff ensure that something is not missing. Ms. Hood replied that there is an itemized bid list that is reviewed by the project engineer and the group that puts the summary together. JMI is a local contractor. MOTION: A motion was made by Councilmember Almquist to approve the bid award to JMI Constructors for $385,301.22 for Silkwood Park in the Little Valley area. SECOND: The motion was seconded by Councilmember Hughes. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. DESIGN AND ENGINEERING CONTRACT: Consider approval to hire an architect and engineer for the design and engineering of the Electric Theater restoration/renovation project. City Manager Gary Esplin advised that this item is in the current budget. If approved, this will allow for a contract with Kim Campbell and Ron Larsen for the design and engineering. When the FY14 budget was approved, Council authorized approximately $300,000.00 to stabilize the theater and to design the two adjacent buildings. This particular contract is for the stabilization of the theater with a cost of $154,938.00 Councilmember Arial inquired about what type of project is this. City Manager Gary Esplin advised the theater was built in the early 1900's or late 1800's and is part of the downtown revitalization to protect historic preservation and economic development. The theater will provide a place for the art groups and is a form of economic development. When the consultant was hired to look if a major theater was needed downtown, it was suggested that as part of downtown it should have an arts district. Councilmember Hughes stated that he was reluctant on this issue initially. This project was not on his top priority list. Now, he can see the wisdom in having the facility. It is a historic preservation project and it is going to benefit the downtown area. St. George City Council Minutes January 30, 2014 Page Four MOTION: A motion was made by Councilmember Hughes to approve the contract for design and engineering of the Electric Theater with Kim Campbell and Ron Larsen for $154,938.00. SECOND: The motion was seconded by Councilmember Almquist. Councilmember Almquist stated that the Council will receive options on what can happen with the buildings. Previously, there was a presentation on how the buildings can be used. Leisure Services Director Kent Perkins advised that there have been focus groups and a number of individuals came in to have their input included. The intent was to meet with the architect and review the report based on the needs of the community. City Manager Gary Esplin advised with regard to the structure itself, there are only a couple of options. He explained that the options are either preserving all of the existing buildings or preserve only the theater and tear down the other two buildings and redoing the frontage as it was historically. The outside of the building will be restored similar to what is was in 1911. The inside restoration will need to be decided. Councilmember Arial stated she believes this is a fabulous idea. It makes sense to have things up to date for the arts. Mayor Pike stated that it was a movie theater, however, the hope is to use the building for other things. Mr. Perkins advised there has been a lot of research done over the past few weeks as well as discussions with some of the folks that were originally involved when the theater was built. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with CRSA for the Master Plan site review for Fleet. Support Services Manager Marc Mortensen advised the agreement is with CRSA to Master Plan the Fleet facility. The department is growing quickly with the services that they provide. The current budget includes new refueling tank and pumps, however, due to possible future expansion, staff is not sure if the original location is the right place to put them. This contract is for CRSA to review the future needs of Fleet including mass transit. Some of the funds set aside for the tanks will be used for this agreement. MOTION: A motion was made by Councilmember Randall to approve the professional services agreement with CRSA for a site review for Fleet in the amount of not to exceed $26,000.00 SECOND: The motion was seconded by Councilmember Bowcutt. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye St. George City Council Minutes January 30, 2014 Page Five The vote was unanimous and the motion carried. INCREASE ENERGY SERVICES RATE SCHEDULE/RESOLUTION: Consider approval of a resolution increasing the Energy Services rate schedule. City Manager Gary Esplin advised this item is a recommendation to increase the electric fees. Last year, there were discussions with the Council explaining the problems with regard to the increased cost of power, which the City has no control over. When the budget was approved in July, it was known that there would be a 4% increase in the cost of power from Deseret Generation and Transmission. That increase is a fixed increase built in until the year 2019. The City has seen an 11.5% increase since July 1, 2013 in cost of power and transmission. Operating costs have gone down over the past couple of years. He explained that the Council recently approved the refunding of bonds that were issued for the gas turbine project. When bonds are issued, you make covenants to maintain rates to cover the payments for the bonds. Normally, there needs to be a 1-1 coverage if impact fees are not included. Revenues have to be 125% more than operating expenses. If the rates are not increased, the City might not be able to meet its rate covenants agreed to in the bond issuance, which affects the bond rating. Raising the rates 7% across the board will put the City back to where it should be on July 1, at the end of the current fiscal year. He mentioned that in comparison, if the rate increase is approved, the City’s average cost for residents is .0956, Dixie Escalante is .0688, Washington City is .097, Santa Clara is .099, Provo is .113, Bountiful is .1073, Logan is .163, Springville is .1173, Lehi is .0968, Murray is .1034, Rocky Mountain Power is .1327, and Hurricane is .0872. Other than Dixie Escalante, the City of St. George rates are one the lowest. The proposed increase will be 7% across the board to be effective immediately. Councilmember Almquist stated that City Manager Gary Esplin is pointing out that this is out of the City’s control. The City is forced to pass the increase through to the consumer. Based on his research there is more to come. Councilmember Hughes stated this is a hard thing to do. It’s not the City operational costs that are increasing, it is the cost of power and transmission of that power that has increased. MOTION: A motion was made by Councilmember Hughes to approve the resolution to increase the power rates across the board by 7% effective immediately. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a roll call vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of an amendment to the City Zoning Regulations, section 10-10-5:K to modify the requirements for mixed use projects in the C-4 zone. City Manager Gary Esplin advised the Mayor opened the public hearing last meeting, however, the ordinance is not quite ready. There are two issues with regards to the mix of commercial and residential, can it be staggered and what is the standard for required landscape. Bob Nicholson stated this remains a work in progress. He stated this started by trying to add flexibility to the ordinance which states that the ground floor of all buildings shall have commercial use. Staff started adding in some flexibility for developers to look at other options. The proposed language states the requirement that the ground floor be limited to St. George City Council Minutes January 30, 2014 Page Six only to commercial use may be altered to allow residential use if the following conditions are met: The view of the ground floor is obstructed from the public street by the buildings location in the interior of the project or its obstruction from street view by other buildings in the project; A minimum of 50% of the ground floor area of the project shall be for commercial uses. The commercial floor area above the ground floor may be used to satisfy this 50% requirement; and for buildings that are perpendicular to the street so that the majority of the building is not adjacent to the street, the end of the building adjacent to the street must have commercial uses on the ground floor but may have residential use on the remainder of the ground floor that is not oriented toward the public street, if the project complies with the other conditions provided in this section. These are all subject to design review by the Planning Commission and the City Council. City Attorney Shawn Guzman stated this also falls back to default provisions depending on the size of the project. Mr. Nicholson read additional proposed language which states: If the project is built in phases, each phase shall be all commercial or may include a mix of commercial and residential use. No phase shall be solely residential; and all buildings adjacent to a public street shall have primary frontage oriented toward the public street an shall have a design typical of a commercial building front with integrated style features compatible with other street facing buildings in the project including a significant entryway. Councilmember Almquist advised these projects will have to come before the Planning Commission and City Council for review. Staff is not trying to design the building just give the developer options. Mr. Nicholson read additional proposed language which states: Mixed use building heights above thirty five feet (35') will be subject to a conditional use permit as defined in this code; and parking lots shall be located in the interior of a project and not adjacent to a public street. He believes there may be situations in which a parking lot adjacent to a street will be a reasonable alternative. Some may see prohibiting a parking lot adjacent to a street may be problematic. City Attorney Shawn Guzman advised the ordinance will prohibit a developer who wants to put a parking lot on the corners. Councilmember Hughes stated that most mixed use projects are planned that way, with the parking in the back. Mr. Nicholson presented pictures of mixed use plan. If the parking lot issue can be resolved, staff feels pretty good about the ordinance. City Attorney Shawn Guzman advised the set back for the Main Street garage it is not too far of the street. Mayor Pike advised that the Council could continue the public hearing. He asked the audience if anyone was present that would like to make comment. He reopened the public hearing. Wes Davis, a developer, stated he feels comfortable with most of what has been presented. The verbiage proposed by the Legal Department and staff works well. With regards to section D, he supports Mr. Nicholson’s stance on the issue, but the way it is worked doesn’t quite work. His other suggestion is regarding the landscaping section, the standard nationwide is approximately 10-15%. He is wondering if there a is simpler way to propose that by saying that it is not to exceed a certain percentage. City Manager City Manager Gary Esplin advised he is concerned with density. If the units are rented to families with children, he questions the livability of those with children. City Attorney Shawn Guzman stated that a C-4 zone requires a buffer zone between an adjacent zone the is different and also in the parking areas. Language can be added that St. George City Council Minutes January 30, 2014 Page Seven states, if a complex include amenities, that space can be counted; however, there may still be an amount of green space that is required. City Manager Gary Esplin suggested to put this item on the next meeting agenda for formal action. That will allow staff an additional week to review the ordinance. Mayor Pike closed the public hearing. He asked that staff work on further refinements. Councilmember Almquist stated that with regards to landscape, the interior might have more ground. On the frontage, landscaping is vertical, never horizontal because there is no room. PUBLIC HEARING/CITY ZONING REGULATIONS/ORDINANCE: Consider approval of an ordinance amending the City Zoning Regulations, Section 10-18-3:A&C to allow for a 6' high fence or wall to be built to the street-side property line on corner lots. City Manager Gary Esplin advised this item was previously heard and that a public hearing took place. Staff was instructed to meet with the home builders association to work out some issues. The concerns are the safety zone for a driver backing out of their driveway and not able to see someone on the sidewalk. Additionally, does the Council want to regulate where a driveway would be required if there is a wall next to it. Bob Nicholson advised that staff met with the Southern Utah Home Builders Association (SUHBA). Their position is that, on a corner lot, they would rather be able to go to the property line and allow for a solid wall. The draft ordinance would allow for a solid 6 foot wall be built on the property line. Additionally, to promote public safety and to provide for maintenance needs of various facilities and equipment the following clearances are required for fences, walls and similar structures: 1) Five feet from pad mount transformer or 4-way vault; 2) Ten feet from the door side of pad mount switch gear and five feet from the non-door side of the switch gear; 3) Five feet from fire hydrants; 4) Three feet from water meter boxes and 5) Three feet from telephone pedestals. Staff will return with an amendment that would require a driveway be located six feet from a property line. He stated that SUHBA is comfortable with the wall going to the property line if the clearances apply. Some utilities are in conduits that are placed prior to a wall being put in. City Manager Gary Esplin stated would need to look at the location of the utilities. If over the easement, the City will tear the wall down and the homeowner would be responsible to replace it. Mr. Nicholson stated that this issue can be addressed with the Joint Utilities Commission (JUC). City Attorney Shawn Guzman advised the City needs to check with Baja to see what kind of clearances they need. With regards to code enforcement, the ordinance can state that a driveway needs to be 6 feet from the fence, however, some homeowners may cement the area next to the driveway to park a boat. This would create a difficulty for the code enforcement officers. Mr. Nicholson stated that for many years, as long as the fence ordinance has been in place has allowed for 4 foot wall. Now the suggestion is to allow it to go to 6 feet. There is no rush since the change is City generated. Wes Jenkins stated at the meeting with SUHBA, it was discussed to put a note on the plot that the driveways will have to go on the other side. Curb cuts are included in the ordinance and states that driveways have to be 6 feet off the property line. City Manager Gary Esplin stated that the Council can adopt the ordinance as proposed. Staff can work with the utility companies to make sure the cable companies conform. St. George City Council Minutes January 30, 2014 Page Eight City Attorney Shawn Guzman inquired if the Council wanted to add language that talks about the cement being added next to a driveway. It would be easier for code enforcement to say that it is ok to fill that area in as long as the curb cut is still at least 6 feet over. City Manager Gary Esplin stated that Phil Solomon pointed out that if the language states communication that would cover cable as well. City Attorney Shawn Guzman advised the language should add video. MOTION: A motion was made by Councilmember Hughes to approve the amendment to this code with an amendment adding the curb cut being 6 feet from the property line and that it is ok to fill in that area and to add in section 10-18-5 to add communication or video pedestal. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a roll call vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. HISTORIC PRESERVATION COMMISSION REPORT: Report from the Historic Preservation Commission meeting held January 14, 2014. Bob Nicholson stated the Historic Preservation Commission discussed the Orval Hafen home. In 2012, the City Council designated the property as a City Landmark site. There were some stipulations that required the property owner to add siding to the home in addition to changing the roof from metal to composite shingle. The applicant found out that replacing the roof was going to be difficult. Commission recommends the metal roof can remain if it is repainted to a tan color to be approved by Kim Campbell. Councilmember Almquist stated the original roof was asphalt with gravel. At that time it blended with the architecture. Mr. Nicholson stated the estimate was approximately $60,000.00 to replace the roof and a few thousand to paint it. Susan Crook, representative for the applicant, explained that she spoke with the state historic preservation office about this property. She asked them if they felt it was important to do anything with the roof at this point. They told her that they could not make the determination without an application. She believes the home is an important home to the community. There is an intent to maintain the prop as part of the exhibit for the arts. Councilmember Arial stated the home sits up on the top of a hill. The integrity of the historic home is there when you look at it. She feels it would be appropriate to leave the roof as is. Ernie Doose, applicant, stated this is an amazing home, but it needs to have a full restoration. He explained that they are a non profit organization. It is still their intent to restore the home to its original look. They have not been able to operate for the past 2 years because they could not get a business license since they could not meet the restrictions. They are willing to paint the front of the roof. Their intent is to get the home on the national registry and to get to the home to its original state. St. George City Council Minutes January 30, 2014 Page Nine Councilmember Almquist stated his concern is what sort of life they would get out of painting it. He changed his feelings and believes the Council should stay this request and allow them to get their business license. City Manager Gary Esplin advised the Council can approve the recommendations from the commission and delete the requirement to paint the roof. MOTION: A motion was made by Councilmember Arial to approve the deletion and accept the home as is. SECOND: The motion was seconded by Councilmember Randall. Councilmember Almquist stated he believes that in this case the color is acceptable. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye SPECIAL OLYMPICS POLAR PLUNGE: Consider approval of the Special Olympic Polar Plunge. Police Officer Jeremy Needles advised this will be the second annual Polar Plunge. Last year they raised $17,000.00 for the Special Olympics. The pool is set to 38 degrees and will have two tons of ice. The event will be February 22 starting at 10:00 a.m. MOTION: A motion was made by Councilmember Almquist to approve the request for the use of the City Pool. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Ray Snyder advised that the Planning Commission, at its meeting held on January 21, 2014, recommended that a public hearing be scheduled for February 20, 2014 to consider: 1) A request to amend the City General Plan Land Use Map by changing the land use designation from MDR to HDR on approximately 5.71 acres located at approximately 1151 South Plantations Drive. The proposed change would allow construction of “Estancia”, a resort condominium development with opportunities for short term rentals.; and 2) A zone change request from R-1-10 to PD-C for “Jiffy Lube” on approximately 0.66 acres of land located at approximately north of the intersection of River Road and 1450 South. Mayor Pike suggests public hearings in the future start at 5:30 p.m. MOTION: A motion was made by Councilmember Hughes to set the public hearings. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye St. George City Council Minutes January 30, 2014 Page Ten Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to establish a short-pour concrete batch plant at 690 North Industrial Road in the St. George Industrial Park. Eric Clay, applicant. Ray Snyder presented the request for a conditional use permit to establish a short-pour concrete plant located at 690 North Industrial Road. At the Planning Commission meeting it was discussed that the applicant will be encouraged to install landscaping which is not required in the manufacturing zone except in section 10-11-4(G). Letters of opposition were received prior to the Planning Commission meeting. One gentleman was interested in having the same type of business across the street. Planning Commission recommends approval. MOTION: A motion was made by Councilmember Randall to approve the proposed conditional use permit. SECOND: The motion was seconded by Councilmember Arial. City Manager Gary Esplin asked if the motion includes the determination of the landscaping the applicant is proposing to add. Councilmember Randall stated to add the landscaping that the owner said he would put in. Councilmember Arial agreed. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. PRELIMINARY PLATS: Todd Jacobsen advised the following preliminary plats were first approved by the Planning Commission and City Council in 2008. All are located at approximately 2050 East and Colorado Drive and are zoned PD-R. The developer is proposing name changes as follows: Red Cliffs Park Phase 9 will now be known as Red Cliffs Park Phase 5, and is a 3 lot residential preliminary plat; Red Cliff Park Phase 10 will now be known as Red Cliffs Park Estates and is a 4 lot residential preliminary plat; Red Cliffs Park Phase 5 will now be known as Red Cliffs Park East Phase 1 and is a 13 lot residential preliminary plat; and Red Cliffs Park Phase 6 will now be known as Red Cliffs Park East Phase 2 and is a 16 lot residential preliminary plat. MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat amendments as outlined. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye St. George City Council Minutes January 30, 2014 Page Eleven FINAL PLATS: Todd Jacobsen presented the final plats for Red Cliffs Park Phase 5, a 3 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliff Park Estates, a 4 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliff Park East Phase 1, a 13 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Red Cliffs Park East Phase 2, a 16 lot residential subdivision located at Colorado Drive and 2050 East, zoning is PD-R; Riverside Cliffs Subdivision Phase 1, a 28 lot residential subdivision located at approximately 1900 East Riverside Drive, zoning is R-1-8. Staff is working with the Legal Department with regards to a land exchange, the approval of the plat needs to be contingent on Legal approval and is formally known as Palomar Subdivision; Sunterra Subdivision, a 9 lot residential subdivision located at approximately 2110 East and Coyote Springs Drive, zoning is RE-12.5; Sycamore Phase 5, a 3 lot residential subdivision located at approximately 3900 South Little Valley Road, zoning is R-1-10; The Vistas at Entrada Phase 1, a 10 lot residential subdivision located at approximately 2600 North and 2000 West, zoning is PD-R; and Whisper Ridge Phase 5, a 16 lot residential subdivision located at approximately 800 South Cresole Drive, zoning is R-1-10. City Attorney Shawn Guzman advised that Whisper Ridge Phase 5 is subject to Legal review as well. Mr. Jacobsen presented a final plat amendment for Snowfield Estates Amended #4, located at 61 South and 65 South Clinton Circle. The proposal is to take the line between 41A and 41B and adjust it to fit down the middle of the house. Originally, there was a problem with the north line and the offsets because of where a wall was built. All aspects in the final plat are carefully reviewed and meets all preliminary plat conditions and approvals. City Manager Gary Esplin explained the preliminary plat approval process. MOTION: A motion was made by Councilmember Hughes to approve the final plats and final plat amendment as outlined subject to Legal review for Whisper Ridge Phase 5 and Riverside Cliffs Phase I. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. Councilmember Almquist inquired about the road at the end of Colorado that could possibly connect to Washington City. He asked if there was any progress with that. The developer stated that the original drawing did show the road, but with drainage, he worked out with staff that the best thing is to put in the knuckle. They are dedicating the easement for future a possible future road. PRELIMINARY PLATS: Wes Jenkins presented the preliminary plat for Cornerstone Subdivision Phases 1-4, a 65 lot residential subdivision located at the southeast corner of the intersection of 3000 East and Seegmiller Drive, density is 2.93 dwelling units per acre and zoning is R-1-10. This plat originally came to the City a number of years ago and the final plat was approved and recorded. The property fell into bankruptcy and new owner asked the plat be vacated. At the time the plat was vacated, the owner requested that the portions of 3000 East that were dedicated to the City, remain as public right-of-way and the equestrian trail easement along 3000 East and the easement along the extension of Seegmiller drive remain as dedicated to the City. The developer will put in a deceleration lane off 3000 East. The lots along 3000 East will be double fronting lots and will require a 10 foot landscape strip and a St. George City Council Minutes January 30, 2014 Page Twelve 6 foot privacy wall. Staff is recommending that the 5 foot sidewalk along he north side of Seegmiller Drive be eliminated from 3000 East to proposed lot 61. The future multi-use trail along the north side of Seegmiller will be used in lieu of the sidewalk. There is a 100 foot buffer setback along the south side of Bridle Gate that is part of the City General plan. This buffer is to separate residential from agriculture. The buffer will severely affect lots 61 and 65. Staff’s opinion is that the buffer should be from the equestrian arena on the north side of Bridle Gate, not from the south property, therefore, staff recommends that the buffer not be used against these lots. The developer is proposing a detention basin north of lot 65. He spoke with the Parks Department to see if that would be a nice amenity as part of their trails. Originally, there was a 66 foot road, however, there is an overhead transmission line that cannot be moved. He visited with the Public Works Department and they feel comfortable for the road to go a 50 foot road. Councilmember Hughes stated that they took somewhat of a beating with regard to the buffer. City Manager Gary Esplin stated that it is important that the lots are the same size as the ones across the street. MOTION: A motion was made by Councilmember Almquist to approve the preliminary plat for Cornerstone Subdivision Phases 1-4. SECOND: The motion was seconded by Councilmember Randall VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - nay Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The motion carried. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Riverside Cliffs Phase 2, a 23 lot residential subdivision located south of Riverside Drive at approximately 1900 East, density is 3.36 dwelling unites per acre and zoning is R-1-8. The existing rock walls shown on this preliminary plat were constructed originally when the subdivision was known as Palomar subdivision. A letter from a geotechnical engineer will be required prior to the recording of the final plat that states that these walls were constructed per the City standards. MOTION: A motion was made by Councilmember Hughes to approve the preliminary plat. SECOND: The motion was seconded by Councilmember Arial. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist- aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Wes Jenkins presented the preliminary plat for Riverstone Subdivision Phase 9, a 13 lot residential subdivision located on the west side of Pioneer Road at approximately 4000 South, density is 2.34 dwelling units per acre and zoning is R-1-10. The project was part of the original Las Colinas subdivision. There is an existing overhead transmission line that extends through this property. The developer, with Dixie Power, is relocating that line to the south boundary line of the project. ...


Planning Commission Minutes 11/12/2013:
...roperty line.) *Bob Nicholson explained the graphics shown on the PowerPoint presentation* The requirement to have a ten foot (10’) setback from the sidewalk for a six foot (6’) tall wall along the street-side property line has generally not been popular with corner lot property owners and over the years many violations of this requirement have occurred because property owners usually want to enclose their entire yard (including area along the street side) area without providing a 10’ setback from the sidewalk for a wall over 4’ tall. The purpose of the 10’setback from the sidewalk was to provide a measure of visibility and safety for pedestrians or children on bicycles/tricycles using the sidewalk. A solid fence or wall built to the sidewalk could create a blind spot for cars backing out of a driveway and not able to see a pedestrian or child coming down the sidewalk. The proposed amendment would allow a 6’ tall fence or wall which is at least 50% see-thru to be built on the side/rear property line, while a solid (opaque) fence or wall would still require a 10’ setback from the sidewalk (for 6’ tall fence/wall). Commissioner Kim Campbell asked what the safety issue would be. Bob Nicholson responded that if the fence is close to the driveway then there is a blind spot. Commissioner Kim Campbell countered that the safety issue would be based on the height not necessarily the location of the fence. Bob Nicholson answered: “To some extent because right now a 4’ is allowed to the property line, but a 6’ has to be set back 10’. Now we’re trying to allow a 6’ fence out there on the property line as long as it is half see through. By allowing the 6’ with see through out to the property line is a bit of a compromise that should work better for everybody. The other thing is that the way the ordinance reads today is that the 6’ fence has to be 10’ from the corner of the house. That’s another difficult thing to enforce. Our philosophy is to keep the ordinances simple. Simple is better. Bob read the proposed ordinance change: Exceptions To Corner Lot Requirements: In the side setback which fronts on a public street, height up to six feet (6') is allowed provided such fence is a minimum of ten feet (10') behind the front line of the dwelling, and provided that such fence is set back at least ten feet (10') from the sidewalk for solid or opaque fences, but may be built to the property line if the portion of the fence or wall above four feet (4’) is see-through (e.g, wrought iron, or similar materials) . Commissioner Nathan Fisher asked what happens if they put 50% solid on one side and 50% wrought iron on the other side. You mean up and down, right? Bob Nicholson conceded that yes that would be the intent. Nathan Fisher stated that it would meet the literal language so we’re really talking about a limitation where we’re trying to accomplish the 4’ solid and then wrought iron above. Bob Nicholson responded that yes generally that is true. In the case of a driveway it would be better to have more visible. Maybe we should define it more. Commissioner Nathan Fisher added that it needs to be stated that vertically 50% or if you’re trying to focus on the area near a driveway or where there would be a site visibility issue that you have to put some discretional language there that qualifies the purpose. Otherwise you need to clarify 50% above or below. Commissioner Ro Wilkinson asked if this change is applicable to commercial and residential properties. Bob Nicholson responded that the change is just for residential. Commissioner Nathan Fisher inserted that this change is for “Chapter 18: Walls, Fences and Hedges”. Chairman Ron Bracken opened the item to the public for comments. There were no public comments. Chairman Ron Bracken closed the public hearing and opened the item to the Planning Commission for discussion. Commissioner Nathan Fisher reiterated that we need to clarify how the 50% is to be interpreted or used unless we want to propose it with that ambiguity. Chairman Ron Bracken addressed staff asking how staff feels about the amendment at this point. Bob Nicholson responded that the amendment is not urgent and staff has time to clarify that. Commissioner Ron Read asked Bob if a solid 4’ is currently allowed to the property line. Bob Nicholson said yes. Commissioner Ron Read continued stating that we just need to deal with the other 2’. The 4’ can be solid all the way down and then the 2’ would need to be see-through. Commissioner Nathan Fisher added that if they want 6’ only the lower 3’ can be solid. Bob Nicholson assured that the issues will be addressed. Commissioner Kim Campbell noted that you could put landscaping in front of that fence by putting large trees and that defeats the purpose of the ordinance. Most people landscape that way for privacy. They gain property with the fence but expose themselves by going to the property line. Deputy City Attorney Paula Houston inserted that our ordinance actually includes landscaping. MOTION: Commissioner Nathan Fisher made a motion to table item 5b. Commissioner Kim Campbell seconded the motion. AYES Commissioner Nathan Fisher Commissioner Ro Wilkinson Commissioner Ron Read Commissioner Julie Hullinger Chairman Ron Bracken Commissioner Ross Taylor Commissioner Kim Campbell NAYS None Motion passes. 6. PRELIMINARY PLATS (PP) A. Consider approval of a preliminary plat for “Meadow Valley Estates Phase 4” a seven (7) lot residential subdivision. The applicant is Development Solutions Group and the representatives are Mr. Logan Blake and Mr. Brett Burgess, Development Solutions. The property is zoned RE-12.5 (Residential Estate 12,500 square foot minimum lot size) and is located on the west side of Little Valley Road at the intersection of Mountain Ledge Drive. Case No. 2012-PP-041 (Staff – Wes J.). Staff Comments: 1. Lots 401-403 were originally approved as a preliminary plat for Meadow Valley Estates Phase 4 in 2005. However, this preliminary plat has since expired and the applicant has added 4 additional lots. 2. Proposed Road A will provide future access to the Gentry property to the south. “This is the last phase for Meadow Valley Estates. The original PP for the entire phase came through in the original 2000s. In 2005 they proposed that Mountain Ledge Drive came through and connected to Little Valley Drive. It was just three lots and the road. For some reason it was never completed or finaled. They are now amending this because it has expired and they are adding 4 lots. At that time they also included this stub road that connects to the Gentry property. The power and the telephone and cable have already gone through Mountain Ledge Drive. So this came to council last week as a zone change and was approved from an RE-20 to an RE-12.5. In that meeting residents had concerns about Mountain Ledge Drive extending through due to the amount of traffic. We met with them and discussed with them our opinion on the matter as well as the road master plan. There are two master plan roads as part of this. Citizens felt that a cul-de-sac should be put here to limit traffic. There is a pathway there that the residents say they use to get to the school. They presented to Council even though it didn’t apply to the zone change but they wanted to get their opinion out. The developer has come back with an option if the cul-de-sac is required like the residents would like. The problem staff has with this is that the cul-de-sac and no longer extend the road down either you’ve created an island with the Gentry piece and there is no connectivity to the subdivision. You would have to come in and out off of Little Valley Road. *Commissioner Julie Hullinger stepped away from the meeting at 6:00 pm* People going to the field would have to go all the way around. Staff preferred the road connectivity to Little Valley Road and felt that we should follow the road master plan. The gentleman here who would like to discuss this with you does have some good points but what we thought we would do is bring this to you and get some ideas and see what your recommendation would be. So there’s an option with the road going through to Little Valley Road and one with a cul-de-sac. Either way we prefer that there is a stub road down to the Gentry piece. If you do make them do the cul-de-sac with the stub road they lose a lot and the setbacks are not right within the cul-de-sac. Council and the developer were supportive as long as the road down was deleted. Just to summarize this was approve years ago with a road going through to Little Valley and down to the Gentry piece. That is why there are two options before you tonight. If he would like to speak he can. The developer is here as well.” Chairman Ron Bracken allowed Citizen Jason Wright to present his thoughts on the matter. Jason Wright began by noting that if you go to the County office and search for Meadow Valley Phase 4 it is not recorded. Wes Jenkins responded that it is not recorded because it never went through the final plat process. Jason Wright continued: “We had 4-5 individuals present; we prefer the cul-de-sac. Some points I would like to bring up concerning a cul-de-sac: - It provides better safety for the children - Cul-de-sacs promote friendship and neighborhood interaction - It provides lower burglary - It provides privacy and provides continuity I know that when I met with Wes and Monty one of their concerns was access. *Jason highlighted various access points to get to their community * *Commissioner Julie Hullinger returned at 6:07 pm* Jason Wright: “The fields were built here after the houses were put in. The Gentry property is not even part of Meadow Valley Estates so I’m surprised they’re trying to link them when they are not part of it. The builder is here and supports the cul-de-sac. I am in full support of the re-zoning but want the cul-de-sac.” Chairman Ron Bracken asked the applicant to step forward. Brett Burgess (applicant) stated the following: “We discussed with Barry and Jason a couple of different options. We’ve also met with staff a few times. When we first came through with the item we were punching the road straight through because we thought that is what the City wanted. We had eight lots at the time and we knew the City really wanted connectivity to the Gentry piece. We went back and forth with Wes and were informed that we should lose the lot and punch the road through to accommodate access. The citizens brought forward the concern with the road so we came up with options. When we first built Meadow Valley Estates we had to loop in power. 2350 east and the ball fields weren’t there at the time. We didn’t have it looped to anywhere else. There is a 69 KVA, which is a high voltage power line, and an offshoot that comes above ground about ¾ of the way up the road. We had to tie in to loop this entire area. We had to dip off of this pole and then loop in through the existing property and then come down Mountain Ledge. I spoke with Chad Reynolds at Dixie Power and we were curious if we could continue to feed Mountain Ledge Drive. He believes they will still need the connection to get to the line somehow. If we jump back to the cul-de-sac we need to meet with Dixie Power more to sort out the power there.” Chairman Ron Bracken asked the applicant if the power problem will create issues doing the cul-de-sac. Brett Burgess responded that he didn’t have that information yet. Chairman Ron Bracken asked if the power line in currently in. Brett Burgess responded that the power line is in. It’s in the public utility easement for the plat with the road but I’m not sure how it will pan out for a cul-de-sac. All I know is it has to connect somehow to Little Valley Road. Chairman Ron Bracken stated that it appears you need to answer this question before presenting to us. You may want to table tonight. Would you prefer that? Brett Burgess responded yes, we could table and look at. At least everyone has the knowledge. Chairman Ron Bracken said that’s a major problem you’ve got there with the power. We also need to know how that other little road will fit in. Brett...


City Council Minutes 05/16/2002:
... Compliance with the Guide is voluntary, not mandatory. Water and Power Director Wayne McArthur advised that the Guide would be made available to the public. St. George City Council Minutes May 16, 2002 Page Two Mayor McArthur suggested that the Guide be available to the public at the Parks Office and Water and Power Department. Council Member Allen suggested the Guide be put on the City's web site. She inquired if there had been any discussion among the committee about making the Guide mandatory rather than voluntary. Parks Superintendent Lynne Scott replied that it was discussed but the committee felt there was a need to first get the information out, as there are many principles and guidelines to comprehend. Enforcement would also be necessary if the Guide was mandatory, and the City is not yet prepared to do this. Council Member Allen suggested that whenever a building permit is issued, a copy of the Guide be made available to the owner or builder, and to make sure landscapers and contractors are aware of it. Ms. Scott replied that the committee discussed creation of a certification program, but the main goal now is to get the educational material to the public. Carol Sapp, a member of the committee, advised that the goal of the committee was to educate, and installation and design of watering systems is just one factor, as maintenance is extremely important in order to have optimum use of an irrigation system. Gary Beddingfield stated it appeared that anyone with a pick-up truck and a means to cut pipe and a can of glue can pass off as an expert in sprinkler installation, and that most people overwater 80% of their grass so that the remaining 20% doesn't die. He suggested an inspector for sprinkler installation. PRESENTATION FROM NELLIS AIR FORCE BASE PERSONNEL: Colonel Jim Callahan, 98th Operations Group Commander at Nellis Air Force Base, advised he is responsible for the Nevada Test and Training Range. He explained that even though St. George is outside its boundary, it is just outside the boundary and is still affected by noise from the airplanes. He expressed appreciation for the City's support. He then made a power point presentation on the air warfare center headquartered at Nellis. Mayor McArthur again advised those present that the impact fee schedule will not be adopted at this meeting, and that another meeting for this purpose will be held in June. PUBLIC HEARING/AMEND PD ZONE/ORDINANCE: Public hearing to consider an amendment to the PD zone for Anasazi Ridge Townhomes at Entrada located at 2200 North Cohonina Cr. north of 2100 North at Entrada. Reed Brinton, applicant. Community Development Director Bob Nicholson explained the proposed amendment is to an existing PD. The project was approved as a twin home development, but is now proposed to have many single detached units. The overall number of units (42) would not change. There would be 26 single detached units and 16 twin homes. The same overall design will be used. There was no opposition at the Planning Commission meeting. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve by ordinance the amendment to the PD zone. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye St. George City Council Minutes May 16, 2002 Page Three The vote was unanimous and the motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE/ORDINANCE: Public hearing to consider an amendment to the Zoning Ordinance, 19-2,19.F and 19-2.C. Community Development Director Bob Nicholson explained that Chapter 19 of the Zoning Ordinance pertains to commercial zones. The proposed amendment deals with residential treatment centers in commercial zones, and requires an increase in open space and playground area from 20% to 30% when an existing building is converted to a residential treatment center. This change will make the requirement uniform with requirements of other residential projects. The Planning Commission recommends approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. A motion was made by Council Member Allen and seconded by Council Member Whatcott to approve the proposed change by ordinance. Mayor McArthur called for a roll call vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/CAPITAL IMPROVEMENT PLANS/RESOLUTION: Public hearing to consider adoption of the Capital Improvement Plans and Impact Fee Schedule for the City of St. George. Mayor McArthur advised that while he would take comments concerning the impact fee schedule, its adoption would be scheduled at a later meeting. Impact fees are based on capital facilities plans, and they must first be adopted. City Manager Gary Esplin commented it was important to emphasize that state law governs the procedure to adopt impact fees and capital facilities plans, and periodically they need updating. Leisure Services Director Kent Perkins advised that the park impact fee is based on a standard to determine and maintain a certain level of service. Neighborhood parks are built with park impact fees. Parks to be built in the near future include Forest Park, Springs Park, Slickrock Park, Blake Memorial Park, the first phase of the Virgin River Park near the dinosaur tracks, and the first phase of the Hela Seegmiller Park in the Washington Fields area. The second year plan includes additional development of the Virgin River Park, Little Valley Park, and second phase of the Hela Seegmiller Farm and Historic Park. The City's goal is to update its plan every five years, and in some cases sooner, since development does not always occur in the direction assumed. Mayor McArthur explained that when the citizens of St. George approved the recreation bond, impact fees were based on a certain standard, and the City wants to maintain that same standard. Mr. Perkins explained that impact fee funds are not to be used for special facilities, community parks, the trail system or soccer fields, but for neighborhood parks. City Manager Gary Esplin advised that no changes were proposed to the Police Department plan. Fire Chief Robert Stoker stated that fire impact fees can only be used to build new facilities, and cannot be used for equipment or anything else. St. George City Council Minutes May 16, 2002 Page Four City Manager Gary Esplin advised that $600,000 has accumulated in the Fire Department Impact Fee Fund, and $28,000 in the Police Department Impact Fee Fund. Fire Chief Robert Stoker advised that seven new stations are proposed for construction within the next five to ten years. Station 7 is currently under design and will be located in the northwest part of Dixie Downs. Others are planned for the Sun River, Little Valley, Ledges, Green Valley Plantations, and Southern Corridor areas, and at the new airport. The City's plan is for a station within 1.5 to 2 miles of every residence. The new station in the Dixie Downs area will include an area for a backup dispatch center for the Police Department, and an area for the police officers. The City's goal is that any new station built will be a combination fire/police station. The City is also looking at radio repeater sites. Chief Stoker advised that the estimated cost of the new Dixie Downs fire station is $600,000-$700,000 and is hoped to be out to bid by late June or early July. He stated the Department currently has eight full time firefighters and 50 reserves. The new budget contains a new full-time position for a Captain/Training Officer and 15 new volunteer positions. Water and Power Director Wayne McArthur explained that the capital facilities plan in the Water Department includes the West City Springs project, east side irrigation project, Sandberg pond project, and a project to take the Bloomington Hills Elementary School, sixth and seventh grade center, and two church baseball fields off culinary water. The Department's long term plans include completing the regional pipeline by next year and to begin design to expand the water treatment plant. City Attorney Jonathan Wright inquired why the pipeline and water treatment plant was being expanded. Mr. McArthur replied that with expected growth at 6%, the City will grow into it by 2007-2008. There is also a plan to bring the reuse project on line within the next year or two, as well as a new well field in the Ledges area. He explained that the regional pipeline will bring water all the way to Ivins and will provide a good mix of surface and ground water. The City will have to comply with the new arsenic rule by 2005. Mr. McArthur advised that in the power area, the City is installing capacitors, with the hope that the technical task force is working on ways to build additional transmission. The plan shows a 138 line, but ways are being looked at to get electricity in from the south. Another alternative is to build either a 230 or 138 line from Las Vegas to St. George up over Highway 91 or over the new national monument. Wind farms are also being looked at, and there is a plan to put a turbine at SHAC and make a co-generation plant with the waste heat from the pool and sell it to the school. The City will eventually have to replace the 69 loop with a 138 loop. He explained that a long term source of power includes the Payson gas turbine project with 112 megawatts which is fully subscribed by UAMPS members except for 7 megawatts and should be on line this summer. There is also the IPP plan with a completion date of May 2008, and a small wind farm project which Pacificorp bought and would like to sell 10 megawatts to UAMPS. The City has signed up for one megawatt. Mayor McArthur commented that the Water Impact Fund was minus five million dollars. City Manager Gary Esplin replied this was because projects have been assigned to the impact fees. The Power Impact Fee fund has $500,000-$600,000. Public Works Director Larry Bulloch advised that Public Works Capital Facilities Plan projects include expenditures of $256,000,000 over 20 years, consists of 139 projects, and is well defined. 12 projects have been completed in the transportation system, and 6 drainage projects. The City is moving rapidly in the final stages of completing the major regional trunkline which upgrades capacity west of the West Black Ridge. The plan will emphasize expansion in St. George City Council Minutes May 16, 2002 Page Five that area, including upgrade of the trunk line downstream through the Southgate Golf Course and extending lines into the Winchester area for the future. The City is also looking at expanding from the Sun River area up to the Atkinville Interchange. The airport will need to be serviced with a trunkline from the Ft. Pearce Industrial Park and will also serve major residential development in the south block area and around the new airport. The Plan has 15 projects regionally in Wastewater and 17 in the Collection system. He advised that the Wastewater Division is exclusively growth driven with growth funding a majority of its revenue. The Division is well managed by Barry Barnum and is an efficient organization well set for the future. It is not expected that expansion will have to take place for ten years and will be driven by growth. He advised that transportation is funded about half by the State and federal sources, and half by City funds such as sales tax and development exactions. Drainage is also a 50-50 split between development and all other sources. Mayor McArthur inquired why the access to the new airport through Horseman's Park was not shown on the capital facilities plan. Mr. Bulloch replied that Little Valley Road is shown as the access to the new airport. The City is trying to focus on the southern corridor as the primary access, but may have to modify its plan. Council Member Whatcott inquired why no specific dates to begin were shown on the transportation list, such as the Atkinville Interchange. Mr. Bulloch replied that the City was meeting now with property owners to develop a formula for splitting costs above grant funds available for this project. The funding gap for this project is estimated to be four million dollars. The City cannot move ahead too quickly as it must wait for the environmental impact statement and record of required because of federal funds being used for this project. It is hoped that construction will begin within three years. Council Member Whatcott inquired if the projects were listed by time frame. Mr. Bulloch replied that they were listed by priority and would be done as money becomes available. He asked City Council Members if they agreed with the priorities. Mayor McArthur replied that the City Council can occasionally rethink the priority list. He inquired if the funding of eight million dollars for the Atkinville Interchange was secure. Mr. Bulloch replied that it was. City Manager Gary Esplin advised there was $409,000 in the Streets Impact Fund, $381,000 in the Drainage Impact Fund, and $400,000 in the Sewer Impact Fund. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing and called for a motion. City Manager Gary Esplin advised that the City Council has an opportunity every year to change its priorities when the budget is adopted. Jerry Campbell, representing the AOPC, inquired if only water and power impact fees were being considered for an increase. City Manager Gary Esplin replied that staff has not made a recommendation to increase impact fees other than for water and power. Mayor McArthur commented that all impact fees will be discussed, but staff has not recommended any changes to impact fees other than for water and power. St. George City Council Minutes May 16, 2002 Pa...


Planning Commission Minutes 11/12/2013:
...roperty line.) *Bob Nicholson explained the graphics shown on the PowerPoint presentation* The requirement to have a ten foot (10’) setback from the sidewalk for a six foot (6’) tall wall along the street-side property line has generally not been popular with corner lot property owners and over the years many violations of this requirement have occurred because property owners usually want to enclose their entire yard (including area along the street side) area without providing a 10’ setback from the sidewalk for a wall over 4’ tall. The purpose of the 10’setback from the sidewalk was to provide a measure of visibility and safety for pedestrians or children on bicycles/tricycles using the sidewalk. A solid fence or wall built to the sidewalk could create a blind spot for cars backing out of a driveway and not able to see a pedestrian or child coming down the sidewalk. The proposed amendment would allow a 6’ tall fence or wall which is at least 50% see-thru to be built on the side/rear property line, while a solid (opaque) fence or wall would still require a 10’ setback from the sidewalk (for 6’ tall fence/wall). Commissioner Kim Campbell asked what the safety issue would be. Bob Nicholson responded that if the fence is close to the driveway then there is a blind spot. Commissioner Kim Campbell countered that the safety issue would be based on the height not necessarily the location of the fence. Bob Nicholson answered: “To some extent because right now a 4’ is allowed to the property line, but a 6’ has to be set back 10’. Now we’re trying to allow a 6’ fence out there on the property line as long as it is half see through. By allowing the 6’ with see through out to the property line is a bit of a compromise that should work better for everybody. The other thing is that the way the ordinance reads today is that the 6’ fence has to be 10’ from the corner of the house. That’s another difficult thing to enforce. Our philosophy is to keep the ordinances simple. Simple is better. Bob read the proposed ordinance change: Exceptions To Corner Lot Requirements: In the side setback which fronts on a public street, height up to six feet (6') is allowed provided such fence is a minimum of ten feet (10') behind the front line of the dwelling, and provided that such fence is set back at least ten feet (10') from the sidewalk for solid or opaque fences, but may be built to the property line if the portion of the fence or wall above four feet (4’) is see-through (e.g, wrought iron, or similar materials) . Commissioner Nathan Fisher asked what happens if they put 50% solid on one side and 50% rot iron on the other side. You mean up and down, right? Bob Nicholson conceded that yes that would be the intent. Nathan Fisher stated that it would meet the literal language so we’re really talking about a limitation where we’re trying to accomplish the 4’ solid and then rot iron above. Bob Nicholson responded that yes generally that is true. In the case of a driveway it would be better to have more visible. Maybe we should define it more. Commissioner Nathan Fisher added that it needs to be stated that vertically 50% or if you’re trying to focus on the area near a driveway or where there would be a site visibility issue that you have to put some discretional language there that qualifies the purpose. Otherwise you need to clarify 50% above or below. Commissioner Ro Wilkinson asked if this change is applicable to commercial and residential properties. Bob Nicholson responded that the change is just for residential. Commissioner Nathan Fisher inserted that this change is for “Chapter 18: Walls, Fences and Hedges”. Chairman Ron Bracken opened the item to the public for comments. There were no public comments. Chairman Ron Bracken closed the public hearing and opened the item to the Planning Commission for discussion. Commissioner Nathan Fisher reiterated that we need to clarify how the 50% is to be interpreted or used unless we want to propose it with that ambiguity. Chairman Ron Bracken addressed staff asking how staff feels about the amendment at this point. Bob Nicholson responded that the amendment is not urgent and staff has time to clarify that. Commissioner Ron Read asked Bob if a solid 4’ is currently allowed to the property line. Bob Nicholson said yes. Commissioner Ron Read continued stating that we just need to deal with the other 2’. The 4’ can be solid all the way down and then the 2’ would need to be see-through. Commissioner Nathan Fisher added that if they want 6’ only the lower 3’ can be solid. Bob Nicholson assured that the issues will be addressed. Commissioner Kim Campbell noted that you could put landscaping in front of that fence by putting large trees and that defeats the purpose of the ordinance. Most people landscape that way for privacy. They gain property with the fence but expose themselves by going to the property line. Deputy City Attorney Paula Houston inserted that our ordinance actually includes landscaping. MOTION: Commissioner Nathan Fisher made a motion to table item 5b. Commissioner Kim Campbell seconded the motion. AYES Commissioner Nathan Fisher Commissioner Ro Wilkinson Commissioner Ron Read Commissioner Julie Hullinger Chairman Ron Bracken Commissioner Ross Taylor Commissioner Kim Campbell NAYS None Motion passes. 6. PRELIMINARY PLATS (PP) A. Consider approval of a preliminary plat for “Meadow Valley Estates Phase 4” a seven (7) lot residential subdivision. The applicant is Development Solutions Group and the representatives are Mr. Logan Blake and Mr. Brett Burgess, Development Solutions. The property is zoned RE-12.5 (Residential Estate 12,500 square foot minimum lot size) and is located on the west side of Little Valley Road at the intersection of Mountain Ledge Drive. Case No. 2012-PP-041 (Staff – Wes J.). Staff Comments: 1. Lots 401-403 were originally approved as a preliminary plat for Meadow Valley Estates Phase 4 in 2005. However, this preliminary plat has since expired and the applicant has added 4 additional lots. 2. Proposed Road A will provide future access to the Gentry property to the south. “This is the last phase for Meadow Valley Estates. The original PP for the entire phase came through in the original 2000s. In 2005 they proposed that Mountain Ledge Drive came through and connected to Little Valley Drive. It was just three lots and the road. For some reason it was never completed or finaled. They are now amending this because it has expired and they are adding 4 lots. At that time they also included this stub road that connects to the Gentry property. The power and the telephone and cable have already gone through Mountain Ledge Drive. So this came to council last week as a zone change and was approved from an RE-20 to an RE-12.5. In that meeting residents had concerns about Mountain Ledge Drive extending through due to the amount of traffic. We met with them and discussed with them our opinion on the matter as well as the road master plan. There are two master plan roads as part of this. Citizens felt that a cul-de-sac should be put here to limit traffic. There is a pathway there that the residents say they use to get to the school. They presented to Council even though it didn’t apply to the zone change but they wanted to get their opinion out. The developer has come back with an option if the cul-de-sac is required like the residents would like. The problem staff has with this is that the cul-de-sac and no longer extend the road down either you’ve created an island with the Gentry piece and there is no connectivity to the subdivision. You would have to come in and out off of Little Valley Road. *Commissioner Julie Hullinger stepped away from the meeting at 6:00 pm* People going to the field would have to go all the way around. Staff preferred the road connectivity to Little Valley Road and felt that we should follow the road master plan. The gentleman here who would like to discuss this with you does have some good points but what we thought we would do is bring this to you and get some ideas and see what your recommendation would be. So there’s an option with the road going through to Little Valley Road and one with a cul-de-sac. Either way we prefer that there is a stub road down to the Gentry piece. If you do make them do the cul-de-sac with the stub road they lose a lot and the setbacks are not right within the cul-de-sac. Council and the developer were supportive as long as the road down was deleted. Just to summarize this was approve years ago with a road going through to Little Valley and down to the Gentry piece. That is why there are two options before you tonight. If he would like to speak he can. The developer is here as well.” Chairman Ron Bracken allowed Citizen Jason Wright to present his thoughts on the matter. Jason Wright began by noting that if you go to the County office and search for Meadow Valley Phase 4 it is not recorded. Wes Jenkins responded that it not recorded because it never went through the final plat process. Jason Wright continued: “We had 4-5 individuals present; we prefer the cul-de-sac. Some points I would like to bring up concerning a cul-de-sac: - It provides better safety for the children - Cul-de-sacs promote friendship and neighborhood interaction - It provides lower burglary - It provides privacy and provides continuity I know that when I met with Wes and Monty one of their concerns was access. *Jason highlighted various access points to get to their community * *Commissioner Julie Hullinger returned at 6:07 pm* Jason Wright: “The fields were built here after the houses were put in. The Gentry property is not even part of Meadow Valley Estates so I’m surprised they’re trying to link them when they are not part of it. The builder is here and supports the cul-de-sac. I am in full support of the re-zoning but want the cul-de-sac.” Chairman Ron Bracken asked the applicant to step forward. Brett Burgess (applicant) stated the following: “We discussed with Barry and Jason a couple of different options. We’ve also met with staff a few times. When we first came through with the item we were punching the road straight through because we thought that is what the City wanted. We had eight lots at the time and we knew the City really wanted connectivity to the Gentry piece. We went back and forth with Wes and were informed that we should lose the lot and punch the road through to accommodate access. The citizens brought forward the concern with the road so we came up with options. When we first built Meadow Valley Estates we had to loop in power. 2350 east and the ball fields weren’t there at the time. We didn’t have it looped to anywhere else. There is a 69 KVA, which is a high voltage power line, and an offshoot that comes above ground about ¾ of the way up the road. We had to tie in to loop this entire area. We had to dip off of this pole and then loop in through the existing property and then come down Mountain Ledge. I spoke with Chad Reynolds at Dixie Power and we were curious if we could continue to feed Mountain Ledge Drive. He believes they will still need the connection to get to the line somehow. If we jump back to the cul-de-sac we need to meet with Dixie Power more to sort out the power there.” Chairman Ron Bracken asked the applicant if the power problem will create issues doing the cul-de-sac. Brett Burgess responded that he didn’t have that information yet. Chairman Ron Bracken asked if the power line in currently in. Brett Burgess responded that the power line is in. It’s in the public utility easement for the plat with the road but I’m not sure how it will pan out for a cul-de-sac. All I know is it has to connect somehow to Little Valley Road. Chairman Ron Bracken stated that it appears you need to answer this question before presenting to us. You may want to table tonight. Would you prefer that? Brett Burgess responded yes, we could table and look at. At least everyone has the knowledge. Chairman Ron Bracken said that’s a major problem you’ve got there with the power. We also need to know how that other little road will fit in. Brett...


City Council Minutes 01/18/2001:
...d: Western States: $81,000 Western States (alt): $81,900 Northern Power Equip: $77,757.12 CED dba Royal Util: $82,848 St. George Winlectric: $81,452 EWS $82,500 She recommended award to the low bidder, Northern Power, in the amount of $77,757.12. A motion was made by Councilmember Gardner to award the bid for 4.0 ACSR wire to the low bidder, Northern Power, in the amount of $77,757.12. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of poles and cross-arms for the Gunlock reconductor project. Purchasing Agent Sue Swensen presented three bids received: Northern Power Equip: $57,703.50 CED dba Royal Util: $59,599.50 J. H. Baxter $55,425 She recommended award of the bid to Northern Power in the amount of $57,703.50, as the apparent low bidder, J. H. Baxter, made an error in their bid. A motion was made by Councilmember Gardner to award the bid for poles and cross-arms to the low bidder, Northern Power, in the amount of $57,703.50. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of a portable asphalt milling machine. Purchasing Agent Sue Swensen presented two bids received: Jarod Environmental: $53,895 Asphalt Zipper: $52,100 She recommended award of the bid for a portable asphalt milling machine to the low bidder, Asphalt Zipper, in the amount of $52,100. St. George City Council Minutes January 18, 2001 Page Three A motion was made by Councilmember Isom to award the bid for a portable asphalt milling machine to the low bidder, Asphalt Zipper, in the amount of $52,100. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. ORDINANCE RESCINDING ZONE CHANGE: Consider approval of an ordinance rescinding the zone change for property north of the Pine View High School area from C-3 back to R-1-10 due to an error in the legal description. City Manager Gary Esplin explained that due to an improper legal description submitted by the applicant’s engineer, an ordinance previously approved by the City Council changing the zone for property north of Pine View High School must be rescinded. The zone change with the proper legal description will be considered at the February 15 City Council meeting. A motion was made by Councilmember Whatcott to approve an ordinance rescinding the previous action. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote, as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. ORDINANCE RE DUTIES OF WATER AND POWER BOARD: Consider approval of an ordinance amending Chapter 2, Title 2, St. George City Code, concerning the powers and duties of the Water and Power Board. City Manager Gary Esplin explained this ordinance was previously discussed in a work meeting, has been reviewed and approved by the Water and Power Board, and better clarifies the role of the Water and Power Board. A motion was made by Councilmember Gardner to approve th...


City Council Minutes 01/17/2002:
...ct for the renovation of the county yard building for use by the Water and Power Department. City Manager Gary Esplin advised the City Council that the City has funds in its budget to build a new building and make changes to the Water and Power yard, according to its master plan. In the meantime the City has purchased property from the County, and proposes to renovate the old County yard building and make other changes in the yard area. The City will take over this property June 1. Until then, the Water and Power Department would like to proceed with drawings in order to go to bid and begin construction as soon after June 1 as possible. Deputy Water and Power Director Phil Solomon advised that these improvements represent phase one of a two phase project and involves building offices and a staff training area, bathrooms, and lockers. The second phase includes turning the building into an administration building for the Water and Power Department. The second phase also involves the strategic plan which has not yet been reviewed. For now, the Water Department will move into the renovated building. City Manager Gary Esplin advised the City Council that the cost of architectural services to renovate the existing structure is $34,888. Mr. Solomon stated that these improvements will not be permanent as the walls can be torn down and the building used for something else in the future. St. George City Council Minutes January 17, 2002 Page Three A motion was made by Council Member Orton to award the bid to Campbell & Associates Architects in the amount of $34,888. The motion was seconded by Council Member Gardner. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Gardner - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of a contract with Carollo Engineers for the Quail Creek Water Treatment Plant project. Deputy Water and Power Director Phil Solomon stated that a few years back the City signed a contract for master planning and some engineering needs for the City's water infrastructure and resource development. This contract is still in place, and as the City adds projects, task orders are added to the contract. This task order is for a feasibility plan for expansion of the Quail Creek Water Plant from 20 million gallons to 40 million gallons a day. The reason the cost is so significant is because a pilot treatment plant must be built to provide data to the Safe Drinking Water agency to show that existing filters can be loaded at a faster rate than currently being done. If the City can demonstrate that the prototype operates efficiently and meets all water specifications, new filters will not have to be built and this will save the City anywhere from $200,000 to $1,000,000. Council Member Orton inquired if the chances were good that the Safe Drinking Water Agency would find that the existing filters were adequate, thus saving that amount of money. Mr. Solomon replied that the same engineering company was hired by Weber Basin to do a similar type of study, which was accepted by the Safe Drinking Water Agency. City Manager Gary Esplin explained that under the City's Capital Project Plan, the next project will be the Sand Hollow well field and line. Based upon 6% growth, the City will need to build a new treatment plant. The goal is to make sure that the City can expand the plant, and grant money will help the City in the long run to do this. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve Task Order No. 1-02 with Carollo Engineers in the amount of $79,468. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CITY RECORDER ORDINANCE: Consider approval of an ordinance amending sections 1-9-1, St. George City Code, regarding the duties and responsibilities of the City Recorder. City Manager Gary Esplin explained this was a housekeeping item as a result of the codification process. St. George City Council Minutes January 17, 2002 Page Four A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye Council Member Gardner - aye The vote was unanimous and the motion carried. POLICE DEPARTMENT ORDINANCE: Consider approval of an amendment to the ordinance governing the organization of the Police Department. City Manager Gary Esplin explained this was a housekeeping item as a result of the codification process. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the ordinance as presented. Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. BOARD OF EQUALIZATION RESOLUTION: Consider approval of a resolution appointing a Board of Equalization, setting dates for the Board of Equalization and authorizing notice of Board of Equalization meetings. City Manager Gary Esplin explained that the Special Improvement District 2000-1 project is now complete and board of equalization hearings need to be scheduled. A motion to set the dates for the hearings was made by Council Member Orton. City Manager suggested the dates be set for the earliest time allowed, ending on a City Council meeting date. After discussion, it was decided to schedule the hearings for February 12, 13, 14, or as soon thereafter as possible. The motion previous made by Council Member Orton was seconded by Council Member Whatcott. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PAYSON POWER PROJECT RESOLUTION: Consider approval of a resolution authorizing the execution and delivery of the Payson Power Project Power Sales Contract with Utah Associated Municipal Power Systems and Related Matters. St. George City Council Minut...


City Council Minutes 06/05/2003:
...cated between Foremaster Ridge and 1990 East Street and north of the UAMPS power substation from Low Density Residential to High Density Residential and from Medium Density Residential to Commercial. Randy Simonsen, applicant. Mayor McArthur announced that since there were only three Council Members present, a unanimous vote would be required for any motion to pass. He then advised that an applicant was welcome to table his or her item to the next City Council agenda if they so chose. Randy Simonsen, applicant, requested that this matter be postponed until the next meeting. He requested clarification of action from the work meeting when the City Council met on site. City Attorney Shawn Guzman explained that the City Council invoked the pending ordinance doctrine with regard to zoning in the area. City Manager Gary Esplin explained that this precludes someone who is not vested in their project from coming into the City with a new project until the City Council has made a decision on zoning in the area. Mayor McArthur explained that a decision must be made within six months. City Attorney Shawn Guzman clarified that this does not mean the zoning will be changed, but that it is being looked at to see if changes to the zoning are warranted. A motion to continue this public hearing until the June 19th City Council meeting was made by Council Member Allen and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/AMEND ZONING ORDINANCE: Public hearing to consider amendment to the Zoning Ordinance to clarify Chapter 15, Multiple Family Residential Zones, Section 15-7.8, regarding setback requirements for buildings with two or more stories. Community Development Director Bob Nicholson explained that a minor clarification to the current language is needed with regard to a 20' setback for two story buildings adjacent to all zones other than single family, which requires a 25' setback. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes June 5, 2003 Page Four A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the ordinance amendment as recommended. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton -aye Council Member Allen - aye The vote was unanimous and the motion carried. PUBLIC HEARING: Public hearing on the proposed 2003-2004 budget for the City of St. George. City Manager Gary Esplin explained that state law requires that a public hearing be held to consider input on the proposed budget. The budget has been available for several weeks for review. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. He advised that another public hearing on the budget would be held June 19. PUBLIC HEARING/RESOLUTION: Public hearing to consider adjustments to the 2002-2003 budget for the City of St. George. City Manager Gary Esplin reviewed the recommended changes, attached hereto as Exhibit ?A.? Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve, by resolution, the changes as proposed. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended that a public hearing to consider a zone change from C-2 to PD Commercial on 1.49 acres located east of River Road between Settlers RV and the East Black Ridge be scheduled for July 3, 2003 at 5:00 p.m. Verden Hannig is the applicant. The applicant is aware of the new option for conditional use permits since the commercial uses were recently amended, but he has chosen to proceed with the zone change. Mr. Nicholson explained that the Planning Commission also recommended that a public hearing be scheduled for July 3, 2003 at 5:00 p.m. to consider a zone change from R-1-10 to PD (combination of Residential and Open Space) on 59.66 acres located at 800 South Dixie Drive. River Run Partners is the applicant. After discussion, it was decided that a meeting would not be held July 3, but instead be held on July 10. A motion was made by Council Member Allen and seconded by Council Member Orton to schedule the public hearings for July 10 at 5:00 p.m. Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 27, 2003, recommended approval of the final plat for Hawk Hollow Phase 2. Kent Garrett is the agent. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the final plat and authorize the Mayor to sign it. Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes June 5, 2003 Page Five PRELIMINARY PLAT: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of the preliminary plat for Twin Creeks at Stonebridge. Allen Hall is the agent. The trail issue is still being resolved. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the preliminary plat. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of the preliminary plat for the Cottages at Stone Point. Kelly Larsen is the applicant. Although the density is 12.6 units per acre, the requirements of the R-3 zone are met. Staff and the applicant are still trying to resolve issues with engineering and access. He advised that multi-family units surround the subject property. Kelly Larson, applicant, explained that the project is surrounded by rental apartments, and the access issue is being worked out. The units will be 1,455 sq. ft. A motion to approve the preliminary plat was made by Council Member Orton. Community Development Director Bob Nicholson explained that before final plat approval, grades on the entry way will have to be worked out. Council Member Allen expressed concern with the high density of the project. Council Member Whatcott seconded Council Member Orton?s motion for approval. Council Member Allen inquired of Mr. Larsen if the units could be made larger and less dense. Mr. Larson replied that he did not think he could sell the units and would therefore retain ownership of them. The project is also surrounded by rentals. Mayor McArthur called for a vote, and all voted aye. The motion carried. PRELIMINARY PLAT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 27, 2003 recommended approval of the preliminary plat for Willowbend Townhomes. Ence Homes is the applicant. He explained that the main issue remaining is the irrigation line which runs underneath a retaining wall. Vince Clayton indicated that he would rebuild the retaining wall, but this could be changed somewhat before the final plat is submitted. Jay Sandberg, Assistant City Engineer, explained that there is no irrigation line under the wall, and he thought the issue had been resolved. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the preliminary plat. Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a lot split for the Qwest Dixie Drive utility site located at approximately 1550 South Dixie Drive. Alpha Engineering is the agent. Qwest would like ownership of the land where the facility is to be located. On August 13, 2002 the Planning Commission determined the facility was not a significant change to the Tonaquint Center PD subject to: (1) landscaping of the site; (2) maintaining the landscaping; (3) no chain link fencing, and (4) the access from Dixie Drive is to be eliminated as shown on the plans at the time of development for the portion of the PD where an access easement would allow access from the developed site. At that time the driveway would be replaced with landscape. The construction drawings were approved by staff on November 18, 2002 with a temporary access from Dixie Drive until the area around the facility is developed, at which time the access will be required to be relocated from Dixie Drive through the developed site. The request is to divide the parcel into two: Lot 1 (Qwest site) 0.02 acre (941 sq. ft.), and Lot 2 (remainder) 8.00 acres, more or less. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the lot split as recommended by the Planning Commission. Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes June 5, 2003 Page Six HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a hillside development permit for the Highland Drive reconstruction located between the City power substation and Twin Lakes Road. The City of St. George is the applicant. This area is part of the Highland Drive Phase 1 Safety Improvement Project from 1400 East to 1800 East. The actual hillside area is between the power substation and Twin Lakes Road. All of the excavation is within the UDOT right-of-way. The Hillside Review Board recommended approval. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the hillside development permit. Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a hillside development permit for the Northern Corridor roadway construction located between U-18 (Bluff Street) to Highland Drive and 200 East to Skyline Drive. The City of St. George is the applicant. This project includes alignment adjustments and road widening. The proposed widening of the existing road through the Washington County Habitat Conservation Plan (HCP) area appears to be in accordance with HCP requirements. The Washington County Commission granted approval on May 6, 2003 to widen the road per the plans submitted by the City and reviewed by the Advisory Committee. The Hillside Review Board recommends approval subject to complying with the mitigation plan required by the HCP and City staff to make sure the mitigation takes place. The Planning Commission recommends approval with the same conditions recommended by the Hillside Review Board. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the hillside development permit as recommended by the Planning Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried. HILLSIDE DEVELOPMENT PERMIT: Community Development Director Bob Nicholson advised that the Planning Commission, at its meeting held May 27, 2003, recommended approval of a hillside development permit for Fountain Heights Phase 2 located off River Road south of Brigham Road. Rod Reid is the agent. This phase will be terraced above the River Road elevation around 15-16 feet. There are eight apartment buildings with a total of 61 units. The Hillside Review Board recommends approval with the understanding that they may use the cut slope instead of the wall as shown on the plans depending upon the soil stability and visible appearance as long as the cut is no higher than 18 feet in height and no longer than 20% along the hillside in linear length. The plans are subject to staff reviewing the conditions on-site. Any variation will require the Hillside Review Board?s review. The Planning Commission recommended approval with the same conditions recommended by the Hillside Review Board. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the hillside development permit subject to the recommendations of the Planning Commission and Hillside Review Board. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONTRACT: Consider approval of a contract with French & Associates for the Virgin River Park design services. City Manager Gary Esplin explained this contract is for design services for the property purchased from Sheldon Johnson behind the dinosaur track area. French & Associates has waived their fee for initial design services for this project. City staff has been pleased with their work product in the past and recommends approval. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONTRACT: Consider approval of a contract with French & Associates for the Little Valley Softball/Soccer Complex design services. City Manager Gary Esplin explained staff recommends award of a contract to French & Associates for The Farms recreation complex. French & Associates designed the Canyons softball complex, and is well studied in soccer facilities across the country. They were also the low bidder. St. George City Council Minutes June 5, 2003 Page Seven A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the contract. Mayor McArthur called for a vote, and all voted aye. The motion carried. LOCATE AIR MONITORING STATION: Consider a request from the State of Utah to locate an air monitoring station in Worthen Park. City Manager Gary Esplin explained that the Utah State Division of Air Quality would like to locate an air monitoring station near the horseshoe pits at Worthen Park. The agreement would allow the station to be located there for five years with 60 days notice by either party. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the request. Mayor McArthur called for a vote, and all voted aye. The motion carried. REQUEST FOR VARIANCE TO NOISE POLICY: Consider a request for a variance to the City?s noise policy to allow concrete pouring work prior to 6:00 a.m. at the Pine View Intermediate School. City Manager Gary Esplin explained that a new school is being built on the east side of the East Black Ridge along Mall Drive and residents have expressed concern that construction activities are is beginning too early in the morning (before 6:00 a.m.). However, due to the heat and curing time needed for large concrete pours, the contractor is requesting permission to begin work at 4:00 a.m. Community Development Director Bob Nicholson explained that the contractor would be making these early morning pours twice a week until September 1. A motion to approve the request was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, and all voted aye. The motion carried. COOPERATIVE AGREEMENT WITH UDOT: Consider approval of a cooperative agreement with UDOT for the Northern Corridor. City Manager Gary Esplin explained that this project has the potential of receiving federal funds in an amount estimated to be $10,000. This agreement will help to identify some things that need to be done before designating the proper site. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONTRACT: Consider approval of a contract with Alpha Engineering for engineering and construction management services for the Tolman Well project. City Manager Gary Esplin explained that Alpha Engineering has been working on this project from the beginning, and it is staff?s recommendation that they finish the project. The contract is for design of the system, underground water line and infrastructure. The road has been rough graded so that installation of the line can now be bid. Barbara Berrett is the project engineer. Barbara Berrett, Project Engineer, explained that the project should be completed next summer, with the line coming out at the bottom of the Cliffs Subdivision. The water will come from the Ledges project and feed the west side of town. She explained the Tolman wells will provide about 2,500 gallons per minutes and is a significant source of water. The bid for the actual pipe installation will be done next. The quality of the water is good and comparable to Snow Canyon water. A motion was made by Council Member Orton to approve the contract in the amount of $146,995. The motion was seconded by Council Member Allen. Mayor McArthur called for a vote, and all voted aye. The motion carried. CONTRACT MODIFICATION: Consider approval of contract modification #5 with Carter Burgess for the River Road, Phase I project. City Manager Gary Esplin explained this State project has been completed but problems remain with its finalization. The engineer on the project is still trying to close it out, but because of the inability to do so, the City is incurring additional expenses to close St. George City Council Minutes June 5, 2003 Page Eight it out. We have held out liquidated damages because of the time the project has taken, and those funds have not yet been disbursed to pay for the additional engineering and related responsibilities. Jerry Amundsen reported that a majority of the subcontractors have been paid through the bonding company, but claims of Merrick Young are still being researched. He stated he felt the project was now to the point where it would be closed out, and anything remaining would have to be litigated between the State and bonding company. There is a possibility that one subcontractor still has not been paid. Public Works Director Larry Bulloch advised that there are still claims of citizens who had vehicle damage and problems with tar who have made claims against the contractor and have not been reimbursed. City Manager Gary Esplin suggested that any funds remaining with the bonding company could be used to pay these outstanding claims. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the contract modification. Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of an agreement with the Washington County Water Conservancy District for relocation of an irrigation pipeline. Barbara Berrett explained the Washington County Water Conservancy District is trying to acquire more property for the Quail Creek expansion. The BLM indicated that instead of acquiring the land in pieces as expansion continues, they prefer that as much land as will be needed for build-out of the plant be acquired all at once. This entails an agreement indicating the City will relocate an existing 20" irrigation line that feeds the Coral Canyon Golf Course when the time comes, and this will occur when the City gets to 80,000,000 gallons a day. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the agreement. Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a power sub-transmission line intertie agreement with Dixie Escalante Electric Association. Energy Services Director Phil Solomon explained that in an effort to pool all resources in the Southern Utah region, Dixie Escalante requested the possibility of combining forces to solve the contingent problem in the event of an outage or disaster. Blue Bunny is on the Dixie Escalante system, and Dixie Escalante does not have internal generation. If the feed to the north were to be lost, Blue Bunny would be without power. The City has agreed to generate up to a certain amount, 10 MW total, to provide Dixie Escalante with enough power to keep this critical economic development facility on line. In trade, Dixie Escalante will serve the wastewater treatment facility at a contract rate. This will help the City shed its load during the summer, and Dixie Escalante will get a customer who is reliable. Another avenue being explored is in the event all transmission is lost and Deseret power cannot be delivered to the City, Dixie Escalante will take the Deseret power into their system and deliver it to the City. This is a monumental agreement. Part of the agreement includes a right-of-way that the City will be granting to Dixie Escalante along the road that goes into the waste water facility so they can build a power line to their generating station. This amounts to four spans of power line. Approval of the agreement is recommended subject to minor chan...


City Council Minutes 09/21/2000:
...tion of a resolution approving the form and authorizing the execution of a Power Sales Contract with Utah Associated Municipal Power Systems for the Resource 2000 Project and related matters. Water and Power Director Wayne McArthur advised the City Attorney reviewed this agreement and agrees it is similar to ones entered into for purchase of the San Juan project and Hunter II project. The only difference is in financing. Options in this agreement include full bonding or full prepayment, or a combination of both, and it is planned to bond for 20 years (the life of the agreement) with renewal on the same terms. He advised the asset sales agreement for purchase of the plant is between UAMPS and the selling party. The engineering report which was completed on the St. George City Council Minutes September 21, 2000 Page Six plant looks good and states the plant will last at least another 20-50 years. During the life of the agreement UAMPS will be able to take power from the plant at less than market rates based on five year price projections. There is also a plan to lay off some of the power with five year purchase agreements with entities in California and other companies to spread out the risk. Mayor McArthur inquired of Mr. McArthur what was being done to ensure St. George would not experience the same power problems as Springville and San Diego, and keep its costs as low as possible in the future. Wayne McArthur replied that this summer the City is using local generation more than in the past. It was not used as extensively in the past because it was too expensive, but compared to current market rates, it is now very economical. The Skyline Drive generator is now running 24 hours a day seven days a week to help mitigate high prices so that the City does not have to buy as much power from the market. The City also has a rate stabilization fund for use to cover the high cost of purchasing electricity on the market, and has currently used $2,000,000 from this fund this summer with no plans to recover it. Councilmember Gardner commented that Water and Power Director Wayne McArthur and Assistant Water and Power Director Phil Solomon have worked extensively to make sure that St. George’s opportunities are protected as St. George can only produce 35% of the power it needs and the rest must be purchased from the market. He made a m...


City Council Minutes 01/18/2001:
...d: Western States: $81,000 Western States (alt): $81,900 Northern Power Equip: $77,757.12 CED dba Royal Util: $82,848 St. George Winlectric: $81,452 EWS $82,500 She recommended award to the low bidder, Northern Power, in the amount of $77,757.12. A motion was made by Councilmember Gardner to award the bid for 4.0 ACSR wire to the low bidder, Northern Power, in the amount of $77,757.12. The motion was seconded by Councilmember Orton. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Orton - aye Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Isom - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of poles and cross-arms for the Gunlock reconductor project. Purchasing Agent Sue Swensen presented three bids received: Northern Power Equip: $57,703.50 CED dba Royal Util: $59,599.50 J. H. Baxter $55,425 She recommended award of the bid to Northern Power in the amount of $57,703.50, as the apparent low bidder, J. H. Baxter, made an error in their bid. A motion was made by Councilmember Gardner to award the bid for poles and cross-arms to the low bidder, Northern Power, in the amount of $57,703.50. The motion was seconded by Councilmember Whatcott. Mayor McArthur called for a vote, as follows: Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Isom - aye Councilmember Allen - aye Councilmember Orton - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for the purchase of a portable asphalt milling machine. Purchasing Agent Sue Swensen presented two bids received: Jarod Environmental: $53,895 Asphalt Zipper: $52,100 She recommended award of the bid for a portable asphalt milling machine to the low bidder, Asphalt Zipper, in the amount of $52,100. St. George City Council Minutes January 18, 2001 Page Three A motion was made by Councilmember Isom to award the bid for a portable asphalt milling machine to the low bidder, Asphalt Zipper, in the amount of $52,100. The motion was seconded by Councilmember Allen. Mayor McArthur called for a vote, as follows: Councilmember Isom - aye Councilmember Allen - aye Councilmember Gardner - aye Councilmember Whatcott - aye Councilmember Orton - aye The vote was unanimous and the motion carried. ORDINANCE RESCINDING ZONE CHANGE: Consider approval of an ordinance rescinding the zone change for property north of the Pine View High School area from C-3 back to R-1-10 due to an error in the legal description. City Manager Gary Esplin explained that due to an improper legal description submitted by the applicant’s engineer, an ordinance previously approved by the City Council changing the zone for property north of Pine View High School must be rescinded. The zone change with the proper legal description will be considered at the February 15 City Council meeting. A motion was made by Councilmember Whatcott to approve an ordinance rescinding the previous action. The motion was seconded by Councilmember Allen. Mayor McArthur called for a roll call vote, as follows: Councilmember Whatcott - aye Councilmember Allen - aye Councilmember Orton - aye Councilmember Isom - aye Councilmember Gardner - aye The vote was unanimous and the motion carried. ORDINANCE RE DUTIES OF WATER AND POWER BOARD: Consider approval of an ordinance amending Chapter 2, Title 2, St. George City Code, concerning the powers and duties of the Water and Power Board. City Manager Gary Esplin explained this ordinance was previously discussed in a work meeting, has been reviewed and approved by the Water and Power Board, and better clarifies the role of the Water and Power Board. A motion was made by Councilmember Gardner to approve th...


City Council Minutes 06/17/2004:
...on of Public Works employees and their many years of service. UPDATE ON POWER OUTAGE: City Manager Gary Esplin explained that the recent power outage was caused by fires in the Dammeron Valley area which heated the main transmission line from Central and eventually shut it down. Two Utah Power and Lights structures were burned, and the City will switch UP&L on to its system so that UP&L can make repairs to its system. Fire Marshall Kevin Taylor explained that several residents from Brookside were evacuated, but no homes were destroyed and there had not been any injuries. Crews provided by St. George were used for protection of homes. 25 volunteers and eight pieces of equipment from St. George were used to battle the fires, and Washington City was put on stand-by if back-up was needed in St. George. CONSERVATION UPDATE: Conservation Coordinator Ren? Fleming explained that two weeks ago the City Council instituted mandatory water restrictions, and since then water usage has dropped from 35,000,000 gallons per day to 26,000,000 - 30,000,000 gallons per day. She encouraged citizens to continue to conserve water. She explained that the drought management policy is specifically limited to culinary water. Power peaks have dropped with the recent cooler weather, but it is anticipated that it will rise with the temperatures. CONSENT CALENDAR: Consider approval of the financial report for May, 2004. City Manager Gary Esplin commented that the City was in great fiscal shape. MOTION: A motion was made by Council Member Orton to approve the financial statement as presented. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. BID OPENING: Consider approval of a change order to the Highland Drive Phase I project. City Manager Gary Esplin explained that the first phase was completed, but there was a misunderstanding by the project engineer, and this item should have been brought before the City Council previously for approval. The project is complete and under budget. MOTION: A motion was made by Council Member Gardner to approve the change order. SECOND: The motion was seconded by Council Member Orton VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval of a resolution abandoning the north 10 feet of a public utility and drainage easement located in Canyon Court, Phase II (Laurelwood). City Manager Gary Esplin explained that the applicants requested abandonment of ten feet on the north and south, but the Joint Utilities Committee recommended that only the north ten feet be abandoned. St. George City Council Minutes June 17, 2004 Page Two MOTION: A motion was made by Council Member Gardner to approve the resolution abandoning the north ten feet only. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning a public utility and drainage easement located between Lots 21 and 22 of the Castle Rock Subdivision. City Manager Gary Esplin explained that the applicant would like to combine two lots in order to build a larger home. MOTION: A motion was made by Council Member Whatcott to approve the resolution. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Bunker - aye Council Member Orton - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. LOCAL CONSENT FOR LIQUOR LICENSE/BEER LICENSE: Consider approval of local consent for a restaurant liquor license and approval of a beer license for Famous Dave?s BBQ. Roger Dee Johnson, applicant. City Manager Gary Esplin commented that the application appeared to be in order and met the requirements of the ordinance. Staff recommends approval. MOTION: A motion was made by Council Member Whatcott to approve the beer license and local consent for a restaurant liquor license. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. A representative of Dave?s Famous BBQ explained that this will be the fourth restaurant in Utah and will open a week from Monday. Roger Johnson, General Manager, explained that Dave?s smokes all its own meats. AIRPORT LEASE: Consider approval of a non-commercial hangar lot lease with Basix Financial, LP. MOTION: A motion was made by Council Member Orton to approve the lease. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SPECIAL EVENT PERMIT: Consider approval of a special event permit to close part of Main Street for a street festival on July 3, 2004. Debbie Pazer, Event Coordinator, explained they would like to close Main Street on July 3 from Tabernacle to St. George Blvd. to create a 50's event. Each store along Main Street will be involved with the activities, games, contests, food, etc. St. George City Council Minutes June 17, 2004 Page Three Council Member Orton inquired if Ms. Pazer had obtained approval from all businesses on Main Street. Ms. Pazer replied that all were committed to paying for advertising. MOTION: A motion to approve the special event permit from 12:00 noon to 10:00 p.m. was made by Council Member Allen. SECOND: The motion was seconded by Council Member Bunker. Council Member Whatcott inquired of Ms. Pazer if she would need to close Main Street earlier than 12:00 noon in order to set up. Ms. Pazer replied that she would. AMENDED MOTION: Council Member Allen amended her motion to approve closure of Main Street beginning at 10:30 a.m. Council Member Orton inquired of Ms. Pazer if she was working with Zions Bank. Ms. Pazer replied that she had talked with them, as well as Wells Fargo, and had invited both to participate. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLAT: Associate Planner Mark Bradley explained that the Planning Commission, at its meeting held June 8, 2004, recommended approval of the final plats for (1) Entrada at Snow Canyon - Chaco Bench Phase 3; and (2) Jedora Estates Phase 3. MOTION: A motion was made by Council Member Gardner to approve the final plats and authorize the Mayor to sign them. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. STATUS REPORT/HILLSIDE DEVELOPMENT PERMIT: Associate Planner Mark Bradley explained that Russell Limb requested an extension of his hillside development permit which expires in June, 2004. Mr. Limb feels the project is 30% complete, and he would like an additional one year extension. Mayor McArthur stated he felt the permit should be extended and suggested the matter be scheduled on another agenda when Mr. Limb could be present to address the City Council. MODIFICATION TO FEE SCHEDULE: Consider modifications to the fee schedule for rezones, general plan amendments, and conditional use permits. City Manager Gary Esplin explained that modifications to the schedule adopted last December were recently discussed concerning the amount of fees charged based on acreage. Staff reviewed fee schedules from many different cities, and recommends that a fee schedule based on a sliding scale, similar to Scottsdale?s fee schedule, be adopted. Community Development Director Bob Nicholson met with representatives of the development community and they feel this is a fair compromise. He recommended approval of the following fees: General Plan/Rezoning - $500 plus acreage amount for parcels larger than one acre 1-100 acres $50.00 per acre 101-500 acres $25.00 per acre 501+ acres $10.00 per acre Conditional Use Permit - $300.00 Community Development Director Bob Nicholson explained that Carol Sapp and Rick Rosenberg requested that the City extend the expiration time period on a PD zone to three years if due to no activity, rather than the present 18 month expiration period. Staff supports the change. MOTION: A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the General Plan/Rezoning Fees and Conditional Use Permit Fee as recommended by staff. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes June 17, 2004 Page Four City Manager Gary Esplin advised that the request to extend the expiration period for PD zones would be brought back to the City Council for a public hearing at a later date. REQUEST FOR REDUCTION OF ASSESSMENT: Consider a request for reduction of assessment for property in the Little Valley SID. Teresa Payton, applicant. Gary Kuhlmann, representing Teresa Payton, explained that the parcels of property involved were split, and while notices were properly mailed, his client did not receive notice. The difficulty began in November, 2002. Ms. Payton received her property by deed as part of a settlement agreement on October 30, and the deed was recorded a week later. The notices sent by the City went to the previous owner. At the time the deed was given to Ms. Payton under the settlement, new tax ID numbers were issued which were significantly different from the old tax ID numbers. A new assessor?s list was not obtained and therefore the change of ownership was not picked up by the City. When an offer to purchase the property was made by Derrill Larkin, a search was made which showed no assessment on the property. Based on this, Ms. Payton accepted Mr. Larkin?s offer to purchase. As part of the closing, the title company made a request of the City for assessment information using the new tax ID number, and still no assessment was shown. However, the City Treasurer obtained a map from the title company and by using the map found an assessment on the property of over $30,000. Ms. Payton relied on the previous representation of the City that there was no assessment in accepting Mr. Larkin?s offer, and is now being asked to pay $30,000. This is not the fault of the City as it followed its process. The issue is that the property owned by Ms. Payton has a master planned road across it. The entire piece of property is about five acres and the road takes up about 25% of the property, and it cannot be used for anything but roadway. SID statues restrict assessments to benefit the property. Ms. Payton is requesting as adjustment of $6,171.51 for the roadway property. If the roadway property is not taken into account, Ms. Payton?s assessment is far greater than anyone else?s within the same district, and she will not receive the benefit of her property by the improvements to the same extent as everyone else. He requested that the City allow an offset of $6,171.51 against the assessment. Deputy City Attorney Ron Read explained that he could not find a legal technicality missed by the City, and it would be a matter of equity if the City Council wanted to consider a reduction in assessment because of the roadway. However, the Engineering Department has never taken a roadway out of acreage assessed unless the road was already there. Council Member Whatcott commented that the City did not split up the Paytons? property, the Paytons did, and he inquired why the City was now being asked to make up the difference. Mr. Kuhlmann replied that ths client?s problem was not created by the creation of the split, or not receiving the notice, even though a good faith attempt was made on his client?s part to obtain information on the assessment before accepting the deal with Mr. Larkin. What has caused the problem is all that in conjunction with not sending the final assessment notice from the updated assessment list. Council Member Whatcott inquired of Mr. Kuhlmann if he was saying that Ms. Payton knew nothing about the assessment. He commented that Mr. Larkin knew about the assessment as he was heavily involved, and everyone in the area knew about it. He stated he was shocked the applicant would insinuate she did not know about the special improvement district. Mr. Kuhlmann replied that his client is not saying she did not know about the special improvement district, but she did not know the status of the special improvement district or the amount of the assessment, as none of the notices were mailed to her. Mr. Larkin said he knew there was an assessment, but he did not know if it had been paid. City Manager Gary Esplin inquired how the property was divided without creating a subdivision. Mr. Kuhlmann replied that his client did not know when the subdivision was created; she received the property as a settlement. Mr. Esplin explained that according to the City Treasurer, on November 18, 2003 she met with a representative of the Payton family to discuss the assessment. That person was informed at that time that there was an assessment on the property. The City has gone beyond statutory requirements to make property owners aware of assessments. As a courtesy, the City has also provided information on assessments when a tax ID number is provided, but is now being held accountable for accommodating these requests. Mr. Kuhlmann replied that if the City had instructed the applicant to go to a title company for the information, she would have done so. The settlement received by Ms. Payton is St. George City Council Minutes June 17, 2004 Page Five part of a divorce settlement, so any information with regard to the assessment was not relayed back to her. He advised that the property transaction has been done with a conditional closing based on what the City will do. Council Member Allen commented the conditional closing should be based on what the buyer is going to do, not the City. Council Member Orton inquired of the applicant if she would have sold her property for the price she did if she had known about the assessment. Deputy City Attorney Ron Read advised that the seller is bound under the agreement, and $38,000 of the selling price which will go to the SID will be coming from the seller. Mr. Kuhlmann advised that the buyer has agreed to wait and see what will happen before forcing the sale at that price. It is logical that the City grant the request and allow for the offset without setting a precedent. City Manager Gary Esplin inquired of Mr. Kuhlmann, as the former City Attorney, if residents have a right to ask for an abatement on an assessment for property on which a road will be located. Mr. Kuhlmann replied that they would have a right if the road were going in now, and not in 20 years. Mr. Esplin inquired if they would have a right to ask for an abatement if the road were not going in for three years. Mr. Kuhlmann replied if they had received notice, no, they would not have the right. Ms. Payton did not have the chance to attend an equalization hearing because she did not receive notice. The problems stems from a combination of not receiving any notice, a change of title, and a good faith attempt to find out if there was an assessment. He stated his client knew there was a special improvement district, but did not know the amount of the assessment. Deanna Brklacich, City Treasurer, explained that staff tries diligently to maintain its records, and if a title company or the real estate agent had informed the City that the tax ID number had changed, and the City discarded that information, then staff would be more than happy to recommend an adjustment. However, because the City does not know when property is deeded, if it transfers, or is sold or developed, and the County issued a new tax ID number, the City cannot know unless it is brought to its attention. She spoke with the County and they said they cannot notify the City each time a new property tax ID number is assigned. The only way the City can know is if it is brought to the City?s attention by the buyer or title company. In this case the tax ID number changed significantly. Mayor McArthur commented that City staff went over and beyond the call of duty. City Manager Gary Esplin commented that the City has the alternative to not give assessment quotes any longer and let the title companies make an official request. The City gives quotes as a courtesy only. Deputy City Attorney Ron Read commented that the key is the request was made prior to the title company being involved. The request came from the realtor who knew the tax ID number had been changed, but only sent in the new number. Once the title company became involved and sent the name, tax ID, and legal description, City staff was able to do research and ascertain the assessment. The City does not normally run into a situation where a new tax ID number has been issued. Council Member Whatcott commented it appeared a protest had been filed by the Paytons on the original parcel. Deputy City Attorney Ron Read replied the protest was made by the representative of the estate who received the notices according to the assessor?s list at that time. Ms. Brklacich commented that she received no notice from the Paytons that their property had been split or exchanged. Deputy City Attorney Ron Read commented that someone was making inquiries about the assessment prior to the time in question, and eight times the City responded to those inquires with the amount of assessment. A month or two later the request with the new tax ID number was received by the City, the City replied that there was no assessment, and the applicant wants to rely on that request. City Treasurer Deanna Brklacich advised that eight requests were responded to with the correct assessment preceding the incorrect one. St. George City Council Minutes June 17, 2004 Page Six MOTION: A motion was made by Council Member Gardner to adjust Ms. Payton?s assessment by $6,171.51. The motion died for lack of a second. Council Member Orton commented that the City could not make an adjustment for this roadway unless it was prepared to do so for all roadways and all assessments. He suggested that the matter be tabled for further research. He commented that everyone in the area knew there was a special improvement district. Council Member Allen commented that the City must be fair to everyone across the board. Council Member Whatcott commented that roads are a valuable commodity to sell and develop property, and while a road may sometimes have a negative impact, as a general statement they are what gives property its value. In this case, the road bisects the property and the individuals purchasing the property benefit greatly by it through movement from their current development. While no one may be at fault, the applicant is asking the City to pick up the tab. The City did what it was supposed to do, and he felt everyone knew there was an assessment, including the real estate agent. City Manager Gary Esplin commented that if the City Council desired more input, staff could further research the matter to see if property for any master planned roads were deleted from any assessments. However, a precedent may be set, and the City would have to look at all other assessments. If the applicant?s request was granted, then everyone else?s assessment in that district would go up as it would have to be spread throughout the district. The residents of that district would have to pay the $6,000, not the City, and this is why an allowance for a roadway is not normally made. Mayor McArthur advised that the matter would be scheduled on the next regular City Council agenda in two weeks. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-20 Agricultural to PD Planned Development Residential on 5.35 acres with 21 single family detached homes and OS Open Space on .94 acre located at approximately 2800 South River road. Riley Richardson, applicant. Community Development Director, Bob Nicholson, explained that the property consists of six acres, five of which are devoted to the residential project, with one acre to open space. The open space area is within the flood plain. The project will consist of 21 detached single level units, with a density of 3.9 units per acre. The units will be stucco with stone on the exterior and tile roofs. The request meets the General Plan requirements, and the Planning Commission recommends approval. The project will consist of private streets, with a privacy wall between it and the adjoining project. Mayor McArthur opened the public hearing. Ryan Richardson commented the project will consist of mostly single story units, with a few walk-out basement units. A deceleration lane will be constructed. A crash gate will be installed for emergency access where the project adjoins Desert Sands. The price range will be about $200,000. A brief discussion took place with regard to hammerheads and their use as turn-arounds. There being no further public comment, Mayor McArthur closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance as requested. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye Council Member Bunker - aye The vote was unanimous and the motion carried. St. George City Council Minutes June 17, 2004 Page Seven PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from A-1 Agricultural to RE-12.5 Residential Estates (12,500 sq. ft. minimum lot size) on 5.1 acres located at 2049 East 2800 South, east of River Road. Gary Rink, applicant. Community Development Director Bob Nicholson explained that the property backs up to the Knolls Subdivision. The entire area is in transition to smaller lots. The Planning Commission recommends approval. Mayor McArthur suggested that a notice be attached to the plat advising buyers that the zone is agricultural and allows animals. He then opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Gardner to approve the zone change by ordinance as requested. SECOND: The motion was seconded by Council Member Allen. CLARIFICATION: Council Member Gardner clarified that his motion included the stipulation that a note be placed on the plat that the project is located within an agricultural zone which allows animals. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Bunker - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. PUBLIC HEARING/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change from MH Mobile Home to R-1-10 Single Family Residential on 39.49 acres located at the northeast corner of 2000 South and 2580 East. Karl Larsen and Russell Bateman, applicants. Community Development Director Bob Nicholson explained that the request is consistent with the General Plan and the Planning Commission recommends approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Orton to approve the zone change by ordinance as requested. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Bunker - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. PUBLIC HEARING/LANDMARK SITE/ORDINANCE: Public hearing to consider a request to designate the ?Stevens? house at 212 North 100 West as a City Landmark Site. Community Development Director Bob Nicholson explained that the home is located north of the Brigham Young home and east of the Seven Wives Inn. He suggested that the item be tabled, however, due to a technicality. St. George City Code requires that the owner of the home make application for landmark site designation, and the applicants thought they would be the owners of the home by now, but they are not. The applicant advised that regardless of landmark site designation, they would purchase the home and restore it. Deputy City Attorney Ron Read suggested that the public hearing be held, but not closed, and the matter continued until the next meeting. Mayor McArthur opened the public hearing. St. George City Council Minutes June 17, 2004 Page Eight Gloria Shakespeare commented that she was concerned with landmark sites, and the City should consider its criteria, such as what the home can be used for, what changes can be made to it, what laws apply to it, etc. She inquired if the City knew how many landmark sites it had. She suggested that the criteria be considered before any more landmark sites were designated. City Manager Gary Esplin commented that the criteria for landmark site designation is contained in the ordinance, and this is why each request for landmark site designation is heard by the City Council. If the criteria is too broad, it can be reviewed and amended. He stated that in his opinion there was no question the applicant?s house qualified for landmark site designation. Uses for the site would have to be considered at a future public hearing. Dorothy Norton commented that a majority of owners of landmark sites specifically want to use the home for commercial uses, and if there was definite criteria with regard to what could be done with the home, there would not be any false expectations. City Manager Gary Esplin replied that uses of landmark sites are specifically spelled out in the ordinance, such as a bed and breakfast, office, etc. Ms. Norton replied that what could be done to the outside of the home was not spelled out in the ordinance. Mayor McArthur commented that perhaps the criteria should be reviewed. However, the Planning Commission denied a request for a landmark site designation for a different home at its last meeting because it did not meet the criteria contained in the ordinance. Community Development Director Bob Nicholson advised that he would provide a list of landmark sites to the City Council. There are approximately 25 landmark sites currently within the City. The ordinance says that a property owner may receive a return of his investment without detracting from the residential character of the neighborhood or historic building involved. Parking is not allowed in front yards, and the use must be fairly low profile. The use cannot generate a lot of traffic and must fit into the neighborhood. Any change to the appearance or exterior requires a permit from the City Council. Gloria Shakespeare commented that the landmark site on 100 East has since been made into a bed and breakfast, and there are now several buildings in the back which have no historical significance, yet have been allowed. She commented that parking needed to be considered. MOTION: A motion was made by Council Member Gardner to continue the public hearing. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/LANDMARK SITE/ORDINANCE: Public hearing to consider a request to designate the ?Pickett? house at 190 South 100 East as a City landmark site. Community Development Director Bob Nicholson explained that the applicant will come back to the City Council at a later date to request use of the landmark site as a limited medical office. The Historic Preservation Committee recommends approval of the landmark site designation. Dorothy Norton commented that there was no parking or driveway on the property. Council Member Bunker commented that the doors on the home did not appear to be historically accurate. Mr. Nicholson advised that the Historic Preservation Committee unanimously recommended approval. Gloria Shakespeare commented there is a historical marker in front of the home, and inquired about its significance. Mr. Nicholson advised that the plaque has no significance other than to inform the public about the home. The City received a grant for placement of historical markers in the area with property owners? permission. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. St. George City Council Minutes June 17, 2004 Page Nine MOTION: A motion was made by Council Member Gardner to approve landmark site designation for the house at 190 South 100 East. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PUBLIC HEARING/ADOPTION OF BUDGET/RESOLUTION: Public hearing to consider adoption of the 2004-2005 fiscal budget for the City of St. George. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. City Manager Gary Esplin explained that this was the first year the City qualified for CDBG funds. It has been determined that 15% of the maximum amount can be allocated to certain types of requests which were reviewed at the last City Council meeting. This means that the City can spend only $82,000 on some of the requests received that would not qualify for other consideration. He suggested that distribution of the CDBG funds be done after a discussion in work meeting. He recommended that $16,000 be allocated for a vehicle in the zoning enforcement department, $100,000 for the tamarack eradication program, and $25,000 in part-time help for spraying. He advised that funds were available to pay for a portion or all of the 12% increase in employee health insurance. There are other requests as well for a new sweeper and other equipment, and for administration of the CDBG program. He explained that funds were included in the budget to match the entire amount of the employee health insurance increase. He advised he was not recommending a market adjustment this year for employees, so matching the health insurance increase would be an opportunity to help those who are frozen at their current salaries as health insurance costs continue to rise each year. Mayor McArthur commented that private businesses are struggling and not picking up insurance increases for their employees, and the City Council should be careful in using public funds. It was suggested the matter be continued until after an executive session. PUBLIC HEARING/AMEND BUDGET/RESOLUTION: Public hearing to consider adjustments to the 2003-2004 fiscal budget for the City of St. George. City Manager Gary Esplin reviewed the recommended adjustments to the budget, attached hereto as Exhibit ?A?. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Council Member Whatcott to approve the resolution adjusting the budget. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Gardner - aye Council Member Bunker - aye Council Member Allen - aye The vote was unanimous and the motion carried. ADJOURN TO REDEVELOPMENT AGENCY MEETING: MOTION: A motion was made by Council Member Orton to adjourn to a Redevelopment Agency meeting. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RECONVENE: MOTION: A motion to reconvene was made by Council Member Whatcott. SECOND: The motion was seconded by Council Member Allen. St. George City Council Minutes June 17, 2004 Page Ten VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mayor McArthur then called for a five minute break. APPROVAL OF MINUTES: Consider approval of the minutes of the regular City Council meeting held May 6, 2004. MOTION: A motion was made by Council Member Whatcott to approve the minutes as amended. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Consider approval of the minutes of the regular City Council meeting held May 20, 2004. MOTION: A motion was made by Council Member Whatcott to approve the minutes as presented. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Consider approval of the minutes of the special City Council meeting held May 24, 2004. MOTION: A motion was made by Council Member Gardner to approve the minutes as presented. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. REQUEST FOR REDUCTION IN INTEREST RATE ON NOTE: Consider a request for reduction in the interest rate charged on a note for the Ft. Pearce Business Park. City Manager Gary Esplin explained that the current interest rate on the note is 8%. Since then, interest rates have gone down, and the applicants are requesting that the interest rate be lowered to 5.5%. This would be twice the interest rate the City is getting from the treasury pool, however, the applicants are requesting that the reduction in interest rate be backdated to July 1, 2003. Staff recommends that the lowered interest rate be effective July 1, 2004. MOTION: A motion was made by Council Member Gardner to approve the request and approve the interest rate reduction retroactive to July 1, 2003. The motion died for lack of a second. City Manager Gary Esplin explained that money from the loan can be used for economic development incentives for qualified businesses, and would provide more opportunity for the current developers of the park to maximize their profits, if any. Staff?s recommendation is that the interest rate not be backdated to July 1, 2003. MOTION: A motion was made by Council Member Gardner to approve the reduction of interest date, but not back date it. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. PAYSON POWER POOL APPENDIX: Consider approval of the Payson Power Project Pool Appendix. Energy Services Director Phil Solomon explained that the agreement requires that any surplus not taken from the Payson Power Plant has to be dealt with in the pool. The agreement requires a pooling appendix to handle this surplus. The appendix provides a mechanism for power not used to be dumped into the pool. The appendix is based on an all-in cost concept that UAMPS is trying to go to. It could be a good concept, but currently has a lot of problems. Four pages of comments from the City have been sent to UAMPS, and staff has real concerns about how it will work. The appendix was supposed to be adopted at the last UAMPS meeting, but because of St. George?s comments, was not. He St. George City Council Minutes June 17, 2004 Page Eleven stated that he did not know if he wanted to recommend approval until all the pool gets approved. If the City has surplus resources it is not using, UAMPS is supposed to buy it all back. Another meeting has been scheduled with UAMPS for June 28. MOTION: A motion to table this matter was made by Council Member Allen. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. Mr. Solomon then gave a brief report on the status of the fire in Dammeron Valley and its effect on power facilities. AMENDMENT TO CONTRACT: Consider approval of an amend...


City Council Minutes 08/05/2004:
...ion carried. JOIN WSPP: Consider approval to join the Western System Power Pool (WSPP). City Manager Gary Esplin stated WSPP allows us to market our power for a one time membership fee of $25,000. Phil Solomon said there are several members inside the Western System Power Pool. Anyone who is a member of the pool can do transaction without having agreement because they are actually entering into a blanket agreement under the Western System Power Pool. Mayor McArthur asked if there were any additional costs? Phil replied no, it is just a one time fee of $25,000. MOTION: A motion was made by Council Member Whatcott to approve. SECOND: The motion was seconded by Council Member Orton VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ENVIRONMENTAL STUDY: Consider approval of an agreement with Terry Hickman to proceed with a UDOT Environmental Study for future widening of Snow Canyon Parkway. St. George City Council Minutes August 5, 2004 Page Fourteen City Manger Gary Esplin explained that there are some federal dollars that have been set aside for the widening of Snow Canyon Parkway. In order to receive the funds and qualify the City will need to do environmental studies. MOTION: A motion was made by Council Member Whatcott to approve. SECOND: The motion was seconded by Council Member Orton VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. ROADWAY FRONTAGE IMPROVEMENTS: Consider approval of an agreement with Tonaquint Inc. to include its roadway frontage improvements with the Dixie Drive Bridge contract. Gerry Brown, applicant. City Manager Gary Esplin stated there are some improvements as part of the contract to clean up the new bridge. Normally, the City would wait for development to occur and then require the developers to do it but in this case the City would like to clean it all up. MOTION: A motion was made by Council Member Orton to approve. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LEASE APPROVAL: Consider approval of a non-commercial airport property lease with Amicorp. Airport Manager David Ulane stated they had another sale of a hangar. It was sold to Amicorp. This is just a simple execution of a new lease. MOTION: A motion was made by Council Member Gardner to approve. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LEASE APPROVAL: Consider approval of a non-commercial airport property lease with D. Scott Baker. David Ulane stated this is a new hangar lease for Scott Baker. This will be on the southwest corner of the airport. The lease agreements are 5 year terms. MOTION: A motion was made by Council Member Orton to approve. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CITY PROPERTY: Consider approval to use a piece of City property to build and use a controlled and safe paint ball site. Jake Sylvester and Troy Guard, applicants. Jake Sylvester who serves on the board of directors for the Red Cliffs Paintball. Their objective here is to provide a safe environment to play paintball. Also, to keep people from trespassing on other peoples property. This organization started April 2004 and currently have 112 members. On average they have 3 people sign up each week. They are incorporated and are submitting paperwork to gain non-profit status. There is 6 acres that is not being used and is currently owned by the City of St. George. It is surrounded by State Lands. He showed how the access to the property St. George City Council Minutes August 5, 2004 Page Fifteen would work. You do not go through the treatment plant to access the parcel. This will be a netted field at 12 ft. high. All improvements that will be made will be mobile. They will not construct anything permanent. Mayor McArthur asked how will you keep it clean? Jake replied the Board of Directors will take turns coming out and making sure that everyone is safe and as people leave make sure that they clean up after themselves. Jake stated they need to generate money to buy insurance. The members will pay $30.00 for a year?s membership. The others that are not members will pay a $5.00 fee. Jake said that only the Board of Directors will have control of the keys. Three of them are City employees. It will be advertised and they will start on the weekends to see how it turns out. Jake said they want to open as soon as possible. Probably at the end of September. MOTION: A motion was made by Council Member Orton to approve. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. MISCELLANEOUS DISCUSSION: Dinosaur Park. City Manger Gary Esplin stated that at the last City Council meeting they had a brief discussion about the dinosaur facility and some possible change orders and some costs. There was concern on what was going on out there regarding the variances that have been granted and where the building will be located. He asked Kent to come back and address some of the council?s concerns. Kent passed out a memo which gave a brief synopsis on how they got to this point. With the contributions by the state, federal government and the county, and a donation of $100,000 that brings them to $1.15 million dollars of the original $1.2 million dollars that was budgeted for the facility. The first changed they made was in the classrooms. They were able to add additional footage to the building and eliminate the awning. The second thing they did was switch out the swamp cooler which consisted of a radiant heat system and go with air conditioning instead. The building also had to be moved closer to the road to preserve some new findings of tracks. When the developers made their presentation they recommended a gravel parking lot at that time. The park was using a dirt parking lot so the developer was going to come in a gravel the lot. But the park determined if they could open the facility with the same parking lot they had on a temporary basis. Then they could obtain more money in the second phase. They could complete the parking lot during that phase. The park found out from the Planning Department that they couldn?t open up their facility without a paved parking lot. So at that point the developer said they could do the parking lot for about $79,000. Our engineer estimate was about $56,000. So they told the developer that when they bid out the road improvements they would also want to bid out the parking lot to see if they could get a better price. The original budget was 1.2 million that was expanded to a 1.3 million when they had their first change orders. Now if they add in all the additional changes that will bring them to 1.5 million. They hope to reduce that when the parking lot is bid out. City Manger Gary Esplin said when the City started this project they were looking at putting aside $350,000 to $400,000 from the capital project fund. The question is with the changes they are talking about he doesn?t believe there is much of a way to get around this. The integrity of this site and the building itself is still intact. Council Member Bunker inquired about the donation and if it was set aside for the capital improvements. Kent replied that it is basically $100,000 and it is to be used as they need it for their expenses. St. George City Council Minutes August 5, 2004 Page Sixteen Council Member Orton questioned if they have been charging a fee. Kent said the numbers have been pretty good on the weekends. They charge $2.00 for adults. He believes that they have been receiving about $120.00 a day during the summer. Council Member Whatcott said his concern is that this project is 50% over budget. It is a little frustrating that the City has a builder who doesn?t meet the codes. He?s not saying that the builder and the architects are not qualified. But there are quite a few things that have needed to be redone or changed because of not meeting codes. MOTION: A motion was made by Council Member Orton to approve the change order as presented. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. DISCUSSION ITEM: NEBO/PAYSON POWER PLANT APPENDIX: City Manager Gary Esplin stated they have one more issue to talk about this evening. This is to deal with Payson power plant. The City has been working for months trying to do an appendix to the operating agreement they could live with. The City was not satisfied with what UAMPS proposed. He said the City would like authorization to approve the appendix as written by Phil and Shawn. Gary said they don?t need a motion. Phil stated they signed a power sales agreement about two years ago for the Payson power project. In the power sales agreement it obligates the City to have a pool appendix in plac...


City Council Meeting Minutes Minutes 11/16/2017:
...se three (3) voltage regulators for the Flood Street substation from Eaton Power Systems in the amount of $101,961.15. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   CANVASS OF THE 2017 MUNICIPAL GENERAL ELECTION: Melanie Aplanalp, Washington County Election Clerk, explained the election reports that she provided after which she presented the final election results, as follows:   Total Votes Percentage:   For Mayor:           Jon Pike                  5,746  72.01%           Lane Ronnow           2,233  27.99%           For City Council: Michele Randall         4,929  33.66%           Joe Bowcutt             3,924  26.80%           Gregg McArthur        2,971  20.29%           Greg Aldred             2,820  19.26%   MOTION:      A motion was made by Councilmember Baca to approve, accept and certify the municipal elections for 2017. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.     DONATION AGREEMENT: Consider approval of a donation agreement for a fine art sculpture titled “Dutch Oven Cowboy”.  Jason Crethar, donor.   City Manager Gary Esplin stated Jason Crethar would like to donate a fine art sculpture to the City.      St. George City Council Minutes November 16, 2017 Page Three   MOTION:      A motion was made by Councilmember Randall to approve the donation agreement for a fine art sculpture titled “Dutch Oven Cowboy”. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   DONATION AGREEMENT: Consider approval of a donation agreement with C Blake Homes, Inc, including a purchase and sales agreement for property located in the vicinity of the Whisper Ridge subdivision.    City Manager Gary Esplin explained the donation agreement is with C Blake Homes for property in the vicinity of the Whisper Ridge Subdivision, near Indian Hills Drive.  The property includes a flood control detention basin that was constructed with the Whisper Ridge Development to protect downstream property.    MOTION:      A motion was made by Councilmember Arial to approve the donation agreement with C Blake Homes, Inc, including a purchase and sales agreement for property located in the vicinity of the Whisper Ridge subdivision.  SECOND:        The motion was seconded by Councilmember Baca. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   SELECT DEVELOPER FOR TECH RIDGE: Consider approval of committee selection for developer at Tech Ridge.   City Manager Gary Esplin stated that a Request for Qualifications (RFQ) were sought for the Tech Ridge at the old airport site.  The committee received two excellent proposals.  The consensus of the committee is to move forward with Tech Ridge LLC with Isaac Barlow as the managing partner.  A development agreement is the next step.  This was not an easy decision for the committee who was made up of Councilmember Hughes, Mayor Pike, City Manager Gary Esplin, and Economic Development and Housing Director Matt Loo.   MOTION:      A motion was made by Councilmember Arial to accept the recommendation of the committee to have Tech Ridge LLC be the developer at Tech Ridge. SECOND:        The motion was seconded by Councilmember Baca. VOTE:             Mayor Pike called for a vote, as follows:   St. George City Council Minutes November 16, 2017 Page Four   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/AMEND GENERAL PLAN/ORDINANCE: Public hearing to consider amending the General Plan from MDR (Medium Residential) to HDR (High Density Residential) on approximately 12.28 acres, MHDR (Medium High Density Residential) on approximately 14.27 acres, and PK (Park) on approximately 2.0 acres located at the southwest intersection of Mall Drive and 2780 East Street.  Tim Stewart, applicant.   Planning and Zoning Manager John Willis presented the request to amend the General Plan on property located at the southwest intersection of Mall Drive and 2780 East Street.  He presented a PowerPoint presentation covering the following topics: aerial map; current zoning map; current general land use map; original proposal; and alternate proposal of the Planning Commission.  The Planning Commission recommended approval of the their alternate proposal and the applicant agrees to amend the proposal to that of the Planning Commission’s recommendation.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   Applicant Tim Stewart stated they did not intend to end up with so much high density.  They plan on using half of it for an apartment community, the remainder will be townhomes.   Mayor Pike mentioned that he hopes to see walkable connections to the commercial properties in the area.   Mr. Stewart mentioned that he is listed as the applicant; however, it is really an agreement between Sun River and Suburban Land Reserve.    A discussion took place regarding pedestrian access as well as trails and parks that are being planned in the area.   MOTION:      A motion was made by Councilmember Baca to amend the General Plan from MDR (Medium Residential) to HDR (High Density Residential) on approximately 21 acres and PK (Park) on approximately 2.0 acres located at the southwest intersection of Mall Drive and 2780 East Street. SECOND:        The motion was seconded by Councilmember Bowcutt. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           St. George City Council Minutes November 16, 2017 Page Five   The vote was unanimous and the motion carried.   PUBLIC HEARING/VACATE PUBLIC UTILITIES AND DRAINAGE EASEMENT AND SEWER EASEMENT/ORDINANCE: Public hearing to consider vacating a portion of a public utilities and drainage easement and a portion of a sewer easement located at approximately 2780 East and 1140 South.  Logan Blake, applicant.   Assistant Public Works Director Wes Jenkins presented the request to vacate a portion of a public utilities and drainage easement and a portion of a sewer easement located at approximately 2780 East and 1140 South.    Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Hughes to vacate a portion of a public utilities and drainage easement and a portion of a sewer easement located at approximately 2780 East and 1140 South. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PUBLIC HEARING/AMEND FISCAL YEAR 2017-2018 BUDGET: Public hearing to consider amending the Fiscal Year 2017-2018 Budget.   City Manager Gary Esplin outlined the proposed amendments as follows: 1) To carry forward a portion of the Text to 911 project approved in the previous fiscal year yet project completion is pending the network connection. This amount represents the network fees required to be paid upfront for a 60-month period and will be reimbursed fully by a state grant from the Utah Communications Authority; 2) To remove the budgeted Environmental and Geotechnical Study from the Airport's budget which was planned to be funded by an AIP Grant and PFC fees for the City's match.  The project was not approved by the FAA; 3) To budget for the runway patches emergency improvement project paid from the Airport department's budget and to transfer funds from the Airport Bond fund as the project's funding source; 4) To budget for replacement of a patrol vehicle totaled in an accident and for which the replacement vehicle was reimbursed by the insurance company of the driver who caused the accident; 5) To budget for the cost of $15,155 to replace two fuel dispensers at the City Fleet facility.  The costs are allocated to those funds which use the fueling stations based upon historical gallons used; 6) To budget for the anticipated net costs for this year's Crisis Intervention Team (C.I.T) Training Academy sponsored and reimbursed by C.I.T. Utah and hosted by the St. George Police Dept. through the use of our facility and our officers as instructor's during their overtime hours; 7) To budget for the City's St. George City Council Minutes November 16, 2017 Page Six   share of a bus stop, landscaping, and aesthetic improvements (betterments) as part of UDOT's Bluff Street Widening project.  A majority of the funding is from appropriated fund balance which includes proceeds in the prior fiscal year from the sale of a portion of Sandtown Park to UDOT for right-of-way for the road widening; 8) To carryover the budget for the Halfway Wash Trail Connection to Sunset originally budgeted in the previous year but construction was delayed while obtaining a stream alteration permit, which required the project overlap into the current year's budget; 9) To carryover the budget for the Steel Building structure at the Hela Seegmiller Historic Farm originally budgeted and bid awarded in the previous year to relocate a structure from Snow Park however it was later determined that building a new structure was the lower-cost-alternative to the relocation option.  This opening will re-appropriate the previous year's funding and project in this current fiscal year; 10) To budget for the issuance of the 2017 Revenue & Refunding Bonds for the Airport Debt Service Fund and to adjust the budget for debt service payments on the new bond, removal of the IRS Rebate which no longer applies with the new bond, and budget for improvements projects funded by the new bond; and 11) To budget for UDOT to reimburse the City for a contractor, testing, and other costs paid to relocate City power lines due to their Bluff Street Widening Project. UDOT's reimbursement also includes payment to the City for Energy Service's Dept. staff's time to manage and oversee the relocation project. Mayor Pike opened the public hearing.  There being no comment, he closed the public hearing.   MOTION:      A motion was made by Councilmember Arial to approve a resolution amending the Fiscal Year 2017-2018 budget as outlined. SECOND:        The motion was seconded by Councilmember Randall.  VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   AMEND TRANSMISSION SERVICES AGREEMENT FOR UDOT/RESOLUTION: Consider approval of a resolution approving the Amendment of Exhibit C to the Transmission service agreement for the UAMPS Central - St. George 138kV transmission project to add additional facilities; and related matters. Energy Services Director Laurie Mangum outlined what is being done at Purgatory Flats.  Each time a new facility is added, the facility is added to Exhibit C.  The items being added are Purgatory Flats and a line from Central to St. George. City Manager Gary Esplin outlined what areas the line services. St. George City Council Minutes November 16, 2017 Page Seven   MOTION:      A motion was made by Councilmember Randall to approve the resolution approving the Amendment of Exhibit C for the UAMPS Central - St. George 138kV transmission project. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a roll call vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   CONTRACT EXTENSION: Consider approval of a contract extension with Western Area Power Administration (WAPA) for firm power through September 30, 2057.   City Manager Gary Esplin explained the request is to extend the contract with Western Area Power Administration (WAPA) for firm power through September 30, 2057.    Energy Services Director Laurie Mangum outlined the cost to purchase power.  The current charge is $27 a megawatt hour.   MOTION:      A motion was made by Councilmember Hughes to approve the contract extension with Western Area Power Administration (WAPA) for firm power through September 30, 2057. SECOND:        The motion was seconded by Councilmember Baca. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   PURCHASE CONTRACT: Consider approval of a purchase contract for BP for January 2024 through June 2024.   City Manager Gary Esplin explained the contract with Deseret Generation ends in 2023; however, there is about a six month gap between the calendar and fiscal year.  There is an opportunity to buy gas now at a guaranteed price.      Energy Services Laurie Mangum noted that BP has the ability to go out 10 years and give pricing on physical gas; it will not be paid for until the beginning of 2024.  This will allow for one unit to 24 hrs a day in the winter, this will be a base load.  She would like permission to accept the cost at $.05 less than what is being offered.    St. George City Council Minutes November 16, 2017 Page Eight   City Manager Gary Esplin explained that staff does not have a cost yet; that will have to be negotiated.  He noted that BP stands for British Petroleum.   MOTION:      A motion was made by Councilmember Randall to approve a purchase contract for BP for January 2024 through June 2024 within $.05 range of the current negotiating price. SECOND:        The motion was seconded by Councilmember Arial. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   SET PUBLIC HEARINGS: Planner Ray Snyder advised at its meeting held on November 14, 2017, the Planning Commission recommended setting public hearings on December 7, 2017 to consider: 1) Changing the zone from R-1-10 to Planned Development Residential on approximately 1.2 acres generally located between Riverside Drive and the Virgin River; 2) Changing the zone from Open Space to Highway Commercial on approximately 7.2 acres located along the east side of the freeway and north of the existing electrical substation; and 3) A zone change amendment in the Planned Development Residential zone to develop a 194-unit single family development located approximately 900 feet east of the intersection of Desert Canyons Parkway and the Southern Parkway.   MOTION:      A motion was made by Councilmember Randall to set the public hearings for December 7, 2017. SECOND:        The motion was seconded by Councilmember Hughes. VOTE:             Mayor Pike called for a vote, as follows:   Councilmember Hughes – aye Councilmember Randall – aye Councilmember Bowcutt – aye Councilmember Arial – aye Councilmember Baca – aye           The vote was unanimous and the motion carried.   HILLSIDE DEVELOPMENT PERMIT: Planner Ray Snyder presented the request for a hillside development permit to allow for the development of an extension of Hidden Valley Drive in the Ivory Homes Master Plan area.  He presented a PowerPoint presentation covering the following topics: vicinity map; aerial...


City Council Minutes 04/06/2000:
...ARD OF BID: Consider award of bid for purchase of wire and cable for the Power Department. Purchasing Agent Sue Swensen presented two bids received: Royal Utility $74,500; and Northern Power $64,540. She recommended the bid be awarded to Northern Power in the amount of $64,540. A motion was made by Councilmember Whatcott to award the bid to Northern Power in the amount of $64,540. The motion was seconded by Councilmember Orton, and all voted aye. AWARD OF BID: Consider award of bid for the purchase of No. 2 red diesel fuel for the power plant. Purchasing Agent Sue Swensen advised bid requests were sent to three local vendors, but only one responded - Tri Valley Distributing. She recommended award of the bid to Tri Valley Distributing in the amount of $265,800. A motion was made by Councilmember Allen to award the bid to Tri Valley Distributing in the amount of $265,800. The motion was seconded by Councilmember Gardner, and all voted aye. AWARD OF BID: Consider award of bid for the purchase of miscellaneous PVC and brass stock. Purchasing Agent Sue Swensen advised bid requests were sent to three vendors, but only one bid was received from Scholzen Products. She recommended award of the bid to Scholzen Products in an amount not to exceed $110,000 for the year. A motion was made by Councilmember Orton to award the bid to Scholzen Products in an amount not to exceed $110,000 for the year. The motion was seconded by Councilmember Allen, and all voted aye. SET PUBLIC HEARINGS: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held March 28, 2000, recommended that public hearings be scheduled for May 4, 2000 at 5:00 p.m. to consider a zone change from R-1-10 to PD Residential for Sedona Hills located on the south side of Snow Canyon Parkway at about 1200 West, and to consider a zone change from R-1-10 to M-1 on 40.28 acres located north of Millcreek Industrial Park east of 3050 East. A motion was made by Councilmember Gardner to set the public hearings as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. St. George City Council Minutes April 6, 2000 Page Three CONDITIONAL USE PERMIT: Consider a request for approval of a conditional use permit for a temporary rock crusher at the Stonecliff project located south of 1450 South and east of River Road. Gail Maxwell, agent for Kay Traveller, applicant. Associate Planner Jim McGuire advised the Planning Commission, at its meeting of March 28, 2000, recommended approval of the conditional use permit subject to a time limit of 60 working days for operation of the crusher. The crusher would be located at least 1,700 feet from the nearest home, and only used for development of Phase V. If it is needed for another phase of development, the applicant will return for another conditional use permit. Several neighbors have expressed concern about the blasting in this area. Gail Maxwell advised he met with neighbors yesterday and resolved their concerns. He advised blasting is permitted up to 2 on the Richter Scale, but this blasting has never approached 1 on the Richter Scale. The blasts are averaging .28 on the Richter Scale. He advised that as blasting continues, it will get further and further away from the homes. Councilmember Allen inquired how much longer the blasting would take place, and Mr. Maxwell advised there are 400 more acres in Phase V, and blasting could continue for several months. However, homeowners will be notified each time blasting takes place, and they can choose to have a monitor placed on their homes. A motion was made by Councilmember Gardner to approve the conditional use permit subject to the recommendations of the Planning Commission. The motion was seconded by Councilmember Allen, and all voted aye. LOT SPLIT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held March 28, 2000, recommended approval of a lot split for property located at 32 East 300 North. Dan Flake is the applicant. A motion was made by Councilmember Allen to approve the lot split as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. LOT SPLIT: Associate Planner Jim McGuire advised the Planning Commission, at its meeting held March 28, 2000, recommended approval of a lot split for property located at the northwest corner of Tonaquint Drive and Mesa Palms Drive. Alex Oleferchik is the applicant. The lot split fulfills one of the conditions placed on the CUP for the Shepherd of the Hills United Methodist Church. A motion was made by Councilmember Gardner to approve the lot split as recommended by the Planning Commission. The motion was seconded by Councilmember Orton, and all voted aye. PARK FEE WAIVER: Consider a request for a fee waiver for use of the Bluff Street Park on July 3-7 for a soccer camp. Dixie College, applicant. City Manager Gary Esplin advised staff supports the request. A motion was made by Councilmember Gardner to approve the fee waiver as requested. The motion was seconded by Councilmember Orton, and all voted aye. St. George City Council Minutes April 6, 2000 Page Four PARK FEE WAIVER: Consider a request for a fee waiver for use of the Bloomington Park on April 22. Bloomington Lions Club, applicant. City Manager Gary Esplin advised the Bloomington Lions Club will be hosting their annual breakfast fundraiser and Easter egg hunt. A motion was made by Councilmember Orton to approve the fee waiver as requested. The motion was seconded by Councilmember Whatcott, and all voted aye. MOBILE VENDOR BUSINESS LICENSE: Consider a request for approval of a business license for a mobile ice cream vendor business. Critter?s Cream Confections, applicant. City Manager Gary Esplin advised the applicant has not yet specified a route, and is purchasing a truck from an existing licensee. Councilmember Isom inquired how long it would be before the applicant could determine a route. The applicant replied she would determine her route within two weeks. A motion was made by Councilmember Allen to approve the mobile vendor business license as requested. The motion was seconded by Councilmember Gardner, and all voted aye. SURPLUS PROPERTY: Consider a request for designation of surplus property and sale of said property adjacent to the Sunbrook Golf Course. City Manager Gary Esplin advised that Wayne Carlson, the developer adjacent to the Sunbrook Golf Course, requests that the City sell him surplus property adjacent to Hole No. 7 on the point at Sunbrook. The property is out of play, and Mr. Carlson would like to use the area to expand his landscaping. Staff supports the request. Mayor McArthur arrived. The price of the property will be $1 per sq. ft. and Mr. Carlson will pay for materials and labor associated with replacement of golf course irrigation components. A motion was made by Councilmember Gardner to approve sale of the surplus property as requested. The motion was seconded by Councilmember Allen, and all voted aye. AGREEMENT WITH UAMPS: Consider approval of a Member Services Project Agreement between the City of St. George and UAMPS regarding cost of service and unbundling analysis survey. City Manager Gary Esplin advised that as deregulation approaches, the City would like to know more about what could happen by surveying the community, as well as obtaining better cost figures. The Water and Power Board recommends approval. A motion was made by Councilmember Isom to approve the agreement as presented. The motion was seconded by Councilmember Gardner, and all voted aye. City Manager Gary Esplin advised the City?s share of the project would total $22,619, with a total project cost of $232,928. St. George City Council Minutes April 6, 2000 Page Five AGREEMENT FOR TELECOMMUNICATION STUDY: Consider approval of an agreement to conduct a study of the telecommunication market. City Manager Gary Esplin advised this item and the one immediately following are related. The City Council previously gave instruction to the Water and Power Department to pursue the feasibility of a telecommunication program in the City. The amount of the agreement with Uptown would be in an amount not to exceed $5,000. The Water and Power Board recommends approval. Councilmember Gardner inquired if it would be possible to the see the list of questions used in the survey. City Manager Gary Esplin replied they would be made available. A motion was made by Councilmember Orton to approve the agreement as recommended by the Water and Power Board. The motion was seconded by Councilmember Whatcott, and all vo...


City Council Minutes 09/02/1999:
...r Tropsicles. - tabled. RESOLUTION Consider approval of a master firm power supply agreement with the Utah Association of Municipal Power Systems in the City of St. George. This is a technical amendment to the existing UAMPS/City agreement looking towards de-regulation and the ability we will need to buy power from various types of sources. What this agreement allows is the City and UAMPS to be able to purchase power and have this agreement used as the format for those purchases. When a potential source of power is determined which meets the criteria of this agreement, a formal contract would be brought back to the Mayor and Council for approval. This proposal is similar to the agreement we currently have with Idaho Power and UAMPS. The City and UAMPS anticipate that another new firm power source may be required because Idaho Power rates are going to be going up, and we think we may be able to do better on the open market. This agreement will allow the City more flexibility. A motion was made to approve the master firm power supply agreement by resolution with UAMPS by Councilmember Larry Gar...


City Council Minutes 04/02/2009:
...recipient of Excellence in the Performing Arts award. She then presented a power point presentation on Mrs. Hafen?s many achievements in the arts, and Mayor McArthur presented Mrs. Hafen with the award. Kathy Cieslewicz announced that Glen Blakely is the recipient of Excellence in the Visual Arts Award. She then presented a power point presentation on Mr. Blakely?s many achievements in the arts, and Mayor McArthur presented him with the award. Glen Blakely commented it was a great honor to dedicate time and service to make this community a better place and he loves living here. He expressed appreciation to his wife for being the power behind donation of so much of this time. Diane Hafen expressed appreciation to her family and friends for their support and expressed love for her students. She stated she appreciated the privilege and opportunity to receive the award. PROCLAMATION: Mayor McArthur read a proclamation proclaiming the month of April as Child Abuse Prevention Month and then presented the proclamation to Patricia Sheffield. Ms. Sheffield distributed pinwheels to the Mayor and City Council and advised the pinwheels stand as a symbol of child abuse prevention. PRESENTATION: Mayor McArthur announced the winners of the City employee?s Climbing Mt. Everest walking contest and explained the goal was to walk a million steps during the month of March. Winning employees are Dave Mendenhall. B. J. Clay, Kenneth Elliott, Deacon Farnsworth, Vincent Lusk, Paul Paget, and Brandon Sullivan. Mayor McArthur also recognized Jim Bingham who has improved his health by taking part in the City?s wellness program. St. George City Council Minutes April 2, 2009 Page Two TABLE ITEM: Mayor McArthur again announced that Item 2B to consider approval of an agreement with PBS&J to design the Replacement Airport finish grading and drainage project is tabled from the agenda as additional information is needed. AWARD OF BID: Consider award of bid for megalugs and fittings. Purchasing Manager Connie Hood explained that the low bid was submitted by Ferguson Waterworks. They bid a variety of items which the City normally uses in the amount of $114,793.86. She recommended that they be awarded a blanket in the amount of $100,000 for the year. MOTION: A motion was made by Council Member Allen to award a blanket to Ferguson Waterworks in the amount of $100,000 for the year. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Pike - aye Council Member Almquist - aye Council Member Bunker - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. AGREEMENT: Consider approval of a construction management/general contractor agreement to reconstruct Blackridge Drive. City Manager Gary Esplin explained there have been significant problems with Blackridge Drive and the City would like to propose a construction management/general contractor agreement, not just a bid on the actual work. Rosenberg is doing the redesign and a team has been created to review proposals and submit their recommendation. Rick Rosenberg explained the process the team went through was modeled after the UDOT process on the Southern Parkway and Atkinville Interchange because of the complexity of the project and the many unknowns. The team recommends that the contractor be brought on board now. Four proposals were submitted, and three engineers from his office and three City engineers scored the proposals. The unanimous recommendation is to enter into a contract with Desert Hills Construction for the project. They are the best qualified in dealing with the subgrade clay soils underneath the pavement. They will also be given first right to bid on the project but it is not guaranteed that they will do the construction. They will be compensated for the design portion. Mayor McArthur explained that Blackridge Drive was originally a special improvement district project and was awarded to the low bidder, who is no longer in business. The project must be done right this time. Council Member Almquist commented that eight of the nine last years have provided less moisture on the hillside and there has been minimal disturbance on the north end. He inquired of Mr. Rosenberg if the new design technique will allow for wetter years. He also inquired if the latest maps prepared by geotech and soils professionals would be incorporated into the new design. Mr. Rosenberg replied that they would be incorporated. He advised that one of the issues to be addressed is that of utility trenches in the blue clay, as they introduce the potential for moisture to flow into the trenches and introduce what is trying to be kept out. The team is trying to come up with a roadbed that can be sealed. Once done, no one will be allowed to get into it. The road will extend from 250 West to the top of the airport. The initial recommendation is that utilities not be allowed in the road; that it be strictly a road and another corridor for utilities be found. Drainage from the hillside will be looked at and it may be dealt with outside of the roadbed itself. The road will be St. George City Council Minutes April 2, 2009 Page Three lifted on t he west side to generate some separation with the clay in the road. All options are being looked at. He advised that the hillside ordinance will put some serious constraints on development in this area. Council Member Almquist commented that the City has worked with all four companies who submitted bids and they have all done good work. He complimented the selection of Desert Hills Construction. MOTION: A motion was made by Council Member Pike to approve the agreement. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote as follows: Council Member Pike - aye Council Member Almquist - aye Council Member Shakespeare - aye Council Member Bunker - aye Council Member Allen - aye The vote was unanimous and the motion carried. Council Member Almquist commented that Desert Hills Construction will respect, to the greatest level, the efforts the City is making in hiring only eligible workers. SOLE SOURCE PURCHASE: Consider approval of a sole source purchase of a 6 ABB OVY Substation Reclosure with PCD Control. Energy Services Director Phil Solomon explained that as part the 2005 energy policy act, the City, as a utility, is required to meet certain reliability standards. When the act was adopted, NERC was required to set up ways to enforce the standards and they assigned all coordinating councils the obligation to enforce reliability standards. The City falls under the West Electric Coordination Council, or WECC. The City has done a good job of meeting requirements, but was randomly selected for a compliance audit this August. Because the City trades power and has generation and transmission, it is obligated to meet 85 standards. One issue is under frequency load shedding which means that if the grid drops, there should be relays in the substation to sense the drop and begin dropping load to keep the frequency where it should be so power is not lost throughout the western grid. Originally UAMPS indicated it would cover the City, but they will no longer do so. This purchase is in the City?s budget for next year, but because of the audit it needs to be installed now so the City does not face penalties. He recommended approval of the purchase in the amount of $105,593.64. MOTION: A motion was made by Council Member Almquist to approve the sole source purchase in the amount of $105,953.64. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote, as follows: Council Member Almquist - aye Council Member Pike - aye Council Member Allen - aye Council Member Shakespeare - aye Council Member Bunker - aye The vote was unanimous and the motion carried. PUBLIC HEARING/PRELIMINARY PLAT: Public hearing to consider approval of the preliminary plat for Blackberry Court Phase 2 at 1090 West Baneberry Drive. Austin Anderson, applicant. City Engineer Jay Sandberg explained that a zone change for this property was recently approved. The property is located in Bloomington where Mulberry and Baneberry connect at a future roundabout. The Planning Commission recommended approval subject to removal of the remainder parcel and with a provision that the remainder parcel be maintained by the property owner. This shall be resolved by the time the final St. George City Council Minutes April 2, 2009 Page Four plat is presented to the City Council. Mr. Sandberg explained that eventually the remainder parcel will somehow get attached to an adjacent parcel. Another parcel is in negotiations to tie this part of the subdivision to existing lots. The area has been removed from the floodplain but is within the erosion hazard boundary and new maps have been adopted. There is a large area with erosion protection from the river and an additional setback where the homes will be built. The lots range in size from a quarter acre to one acre. The setback is 35-40 feet and a minimum of 20 feet past where the rip rap is installed. Deputy City Attorney Paula Houston inquired if the remnant piece is wide enough to be a legal lot. Mr. Sandberg replied that it is not; it is just a sliver. Deputy City Attorney Paula Houston advised that a sliver does not comply with the requirements of the ordinance as no one can do anything with it. Mr. Sandberg replied that a second option is to attach it to a lot, but this is not what the Planning Commission recommended. Deputy City Attorney Paula Houston advised that the sliver of property would not be legally conforming for any use in the City. The City typically does not approve things that would leave a sliver of property. Rick Rosenberg stated it would be simpler to leave the sliver of property out of this plat so that only one plat is required to be amended when it is brought in, assuming it is sold to the property to the west. Deputy City Attorney Paula Houston advised this would create a bad situation and it should be sold before the subdivision is approved. Community Development Director Bob Nicholson advised that the request could be approved subject to alternatives: the sliver could either be included with the adjacent lot, or sold to the adjacent property owner. He stated that Assistant City Attorney Joseph Farnsworth was concerned that a situation not be created where two plats have to be amended. Mr. Sandberg explained there will be a roundabout where Mulberry and Baneberry meet. He advised there have been quite a few lots around over the years that have remainder portions attached to them and the owners have had to maintain the remainder portions. He stated he liked Mr. Nicholson?s recommendation to allow options to attach the sliver to an adjoining lot or work it out with the owner before the final plat. City Manager Gary Esplin commented if it is worked out before the final plat, it will not have to go back through the Planning Commission and public hearing process. Council Member Bunker inquired if there was a possibility a HOA could be created to take care of the green space. City Manager Gary Esplin replied creation of a HOA could be a third option. Deputy City Attorney Paula Houston advised the sliver parcel is not large enough to sustain a HOA; the HOA would eventually dissolve and no one would maintain the sliver parcel. Rick Rosenberg explained that the owner to the west will have requirements for fill and will have to go through the same process this owner is now going through, but the process will be more complicated because of the Bloomington Wash. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. Council Member Bunker expressed concern about the rip rap and if the setback was large enough. St. George City Council Minutes April 2, 2009 Page Five Rick Rosenberg explained the separation from the river is closer to 1000 feet. The rip rap flood wall will stop a flood, and that is why the applicant is being allowed to move forward. City Manager Gary Esplin commented an erosion study is different from the floodplain, and the request meets the City ordinance. Mr. Rosenberg advised the new lots will be better protected than existing lots along the river. MOTION: A motion was made by Council Member Bunker to approve the preliminary plat subject to the sliver of property being incorporated into the property to the west, or to the property to the south, or put into a HOA. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote as follows: Council Member Bunker - aye Council Member Pike - aye Council Member Allen - aye Council Member Almquist - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: MOTION: A motion to adjourn to an executive session to discuss litigation was made by Council Member Pike. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Pike - aye Council Member Bunker - aye Council Member Almquist - aye Council Member Shakespeare - aye Council Member Allen - aye The vote was unanimous and the motion carried. The Mayor and Council then adjourned to the Administration Conference Room for the executive session. RECONVENE: MOTION: A motion to reconvene was made by Council Member Pike. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote as follows: Council Member Pike - aye Council Member Allen - aye Council Member Shakespeare - aye Council Member Bunker - aye Council Member Almquist - aye The vote was unanimous and the motion carried. The Mayor and Council then reconvened in the City Council Chambers TABLE ITEM: Mayor McArthur again announced that Item 2B to consider approval of an agreement with PBS&J to design the Replacement Airport finish grading and drainage project is tabled from the agenda as additional information is needed. St. George City Council Minutes April 2, 2009 Page Six ORDINANCE: Consider approval of an ordinance amending the interest rate paid on utility deposits. City Manager Gary Esplin explained that the City currently pays 5% on utility deposits but is not getting that much interest on its own deposits. He suggested the Finance Department be able to determine what the interest rate should be on utility deposits. This rate will be based on the CD rates the City can get from local banks and the State Treasurer?s pool. Right now the City earns less than 2%. MOTION: A motion was made by Council Member Almquist to approve the ordinance. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Almquist - aye Council Member Pike - aye Council Member Allen - aye Council Member Shakespeare - aye Council Member Bunker - aye The vote was unanimous and t he motion carried. ORDINANCE: Consider approval of an ordinance amending Title 10, Chapter 7F, St. George City Code, clarifying recently adopted amendments to the RCC zone regulations. City Manager Gary Esplin explained that the City Council, at its last meeting, approved an ordinance amending uses in the RCC zone, but certain clarifications were not contained in the motion for approval. Those suggested changes are dwelling units shall have frontage on a public street or common green court area, and where a new house is located between two existing homes, the front setback for the new house may be the average of the front setback of the existing homes. MOTION: A motion was made by Council Member Allen to approve the ordinance as clarified. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a roll call vote as follows: Council Member Allen - aye Council Member Bunker - aye Council Member Shakespeare - aye Council Member Almquist - aye Council Member Pike - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution designating a City representative to be authorized to request funds from the Utah State Treasurer?s Unclaimed Property Division. City Manager Gary Esplin explained that in order to claim funds being held in the State?s unclaimed property division, someone from the City must be formally designated to obtain those funds. He recommended that the Finance Director and City Treasurer be designated to obtain those funds on the City?s behalf. MOTION: A motion was made by Council Member Almquist to approve the resolution. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote as follows: St. George City Council Minutes April 2, 2009 Page Seven Council Member Almquist - aye Council Member Bunker - aye Council Member Shakespeare - aye Council Member Pike - aye Council Member Allen - aye The vote was unanimous and the motion carried. SET PUBLIC HEARINGS: Community Development Director Bob Nicholson explained that the Planning Commission, at its meeting held March 24, 2009, recommended that public hearings be scheduled for April 23, 2009 to consider: (1) a zone change from MH6 to PD Residential on 2.62 acres located in the Dixie Downs area at 1425 North Dixie Downs Road; (2) a zone change and zone amendment to rezone approximately 79 acres from OS to PD on land contiguous to and southwest of the existing Hidden Valley master plan and to consider a request to amend the existing PD zoning on approximately 585 acres of the Hidden Valley Master Plan; and (3) a zoning regulation amendment to Title 10, Chapter 10, Section 2, St. George City Code, Commercial Zones, Permitted Uses, to amend uses in the C-1, C-2, C-3 and C-4 zones. MOTION: A motion was made by Council Member Allen to set the public hearings as recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote as follows: Council Member Allen - aye Council Member Pike - aye Council Member Almquist - aye Council Member Shakespeare - aye Council Member Bunker - aye The vote was unanimous and the motion carried. REQUEST FOR PD TIME EXTENSION: Consider a request for a time extension on the PD Residential zoning for the proposed Trails development located at approximately 4200 North Highway 18. Stacy Young, applicant. City Manager Gary Esplin explained that this will be the applicant?s second time extension due to the economy. He recommended approval. MOTION: A motion was made by Council Member Pike to approve the request. SECOND: The motion was seconded by Council Member Almquist. VOTE: Mayor McArthur called for a vote as follows: Council Member Pike - aye Council Member Almquist - aye Council Member Bunker - aye Council Member Allen - aye Council Member Shakespeare - aye The vote was unanimous and the motion carried. SIGN CODE VARIANCE: Consider a request for a sign code variance for the historic Thompson home at 212 North 100 West to allow a second free-standing sign. Jeff Madsen, applicant. City Manager Gary Esplin advised that the Sign Review Board denied the request. The applicant was not present and has asked that the City Council rehear the request. Mayor McArthur expressed concern that approval of the request would open it up for all historic sites to have two signs. St. George City Council Minutes April 2, 2009 Page Eight City Manager Gary Esplin commented the difference with this request is that the applicant?s present sign is only half the size allowed, and the two signs together would equal the allowed square footage for just one sign. Community Development Director Bob Nicholson commented the applicant?s goal is to have a duplicate sign. Council Member Gail Bunker advised that the Sign Ordinance was established for the specific reason that the beauty of the downtown is not cluttered with signs. She stated she did not think that having two signs would bring any more people to the Inn. She stated that while the sign is tasteful, she could not imagine that the applicant would want to put up a larger sign if the City Council does not approve two signs. Mayor McArthur suggested that the one sign have writing on both sides. Council Member Bunker commented she hated the idea of setting a precedent and changing the ordinance for this request. Council Member Allen commented she felt the signs are tasteful and did not see a problem with the request. She stated the signs would be helpful for tourists looking for the Inn. City Manager Gary Esplin commented that the precedent would only apply to historic landmark homes. The City wants to encourage landmark sites and help businesses. The trade-off is two smaller signs instead of one larger one. This property is also located on a corner lot, and in his opinion would not be a precedent, and each request could be based on individual circumstances. Council Member Almquist suggested that the signs be lowered as they are taller than they need to be. Jeff Madsen, applicant, advised that the ordinance allows one sign 24 sq. ft. in size and not to exceed 6' in height. The idea is to divide the size and install two signs. Mayor McArthur inquired how many people will stay at the Inn based on the sign. Mr. Madsen replied there is no on-site management. It is a vacation rental. He advised he wanted to make sure the signs can be seen easily for those searching for the Inn. Council Member Pike inquired of Mr. Madsen what he thought of Council Member Almquist?s suggestion to lower the signs by a foot, as they look tall from the street. Mr. Madsen replied he would look at it, but there are signs across the street higher than 6'. Council Member Almquist commented that as a practical matter, the signs are not at eye level as one drives by the Inn, and they would be better seen if they were lowered by a foot. Mr. Madsen replied he would have no problem doing that if it makes sense. Council Member Bunker expressed concern about going against the City?s own ordinance in order to make a concession for this project. She stated she felt the sign was more for identification than directional and that a negative precedent would be set. She stated the ordinance was put in place to prevent cluttering of neighborhoods by signs. Mr. Madsen replied he understood why the ordinance was put in place and he agreed with its intentions, and if he thought his signs were cluttering the neighborhood, he would not want them either. Council Member Shakespeare inquired if it would be possible to allow only one sign for a year to see if patrons can find the Inn. St. George City Council Minutes April 2, 2009 Page Nine Mayor McArthur commented that the sign should be on the street the address is on so it can be located easily. Mr. Madsen commented that he represented a group of owners and they think two signs are best. MOTION: A motion was made by Council Member Allen to approve the sign code variance and allow two signs based on the fact that the signs are each half of the size limit, and the property is a historic home located on a corner lot in the downtown district. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote as follows: Council Member Allen - aye Council Member Pike - aye Council Member Almquist - aye Council Member Shakespeare - no Council Member Bunker - no The motion carried. AGREEMENTS: Consider approval of a long term contract for sale or purchase of natural gas. and Consider approval of an operational agency agreement with BP Energy Company for natural gas scheduling and management. Energy Services Director Phil Solomon explained that the City has an agreement with IGI who was bought out by British Petroleum and then bought out by Wasatch Energy. The contract with IGI limits the City to three to five year deals. The City has been currently working with British Petroleum longer than five years. The proposed agreement has been reviewed by the City Attorney. There are still a few small legal items to be worked out and he recommended approval be made subject to legal review and approval. The agreement will allow the City to trade with British Petroleum for a term longer than five years. Each deal negotiated with them will be brought to the City Council for approval. City Manager Gary Esplin explained that the agreement will allow the City to use British Petroleum to negotiate for contracts. The other operating agreement sets them up as gas managers for transactions. Mr. Solomon commented that the City is a good credit risk, and British Petroleum is a very stable company. MOTION: A motion was made by Council Member Almquist to approve both agreements subject to approval by the Legal Department. SECOND: The motion was seconded by Council Member Pike. VOTE: Mayor McArthur called for a vote as follows: Council Member Almquist - aye Council Member Pike - aye Council Member Bunker - aye Council Member Shakespeare - aye Council Member Allen - aye The vote was unanimous and the motion carried. AGREEMENT: Consider approval of a long term power purchase agreement with Two Elk Generation Partners. St. George City Council Minutes April 2, 2009 Page Ten City Manager Gary Esplin explained this agreement is for a coal project in Wyoming and is part of the model the City is trying to do to balance its portfolio. The agreement is for 30 years. Energy Services Director Phil Solomon advised the agreement is for a period of 30 years with a right to extend. Mayor McArthur advised the agreement will provide 30 MW of power during the winter and 30 MW during the summer. City Manager Gary Esplin advised it will help to manage the City?s loads and peaks. Mr. Solomon explained there is no ownership risk, and the only risk to the City is if the facility does not generate enough power, the City will have to find it elsewhere. Council Member Pike c...


City Council Minutes 04/20/2006:
... bidders. She recommended award of the bid to the lowest bidder, Northern Power, in the amount of $74,550. MOTION: A motion was made by Council Member Orton to award the bid to Northern Power in the amount of $74,550. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AWARD OF BID: Consider award of bid for purchase of electrical materials for the Energy Services Department. Purchasing Manager Connie Hood recommended setting up blanket orders with Northern Power and Codale for the yearly purchase of electrical materials for the Energy Services Department. Ms. Hood recommended approval of blanket orders with both vendors. She explained that they would like to use the low bidder for whatever items they were ordering at the time. Council Member Gardner asked if the split had to be $100,000 to Northern Power and $350,000 to Codale Electric or could it be an approximate. City Manager Gary Esplin said that they would have to come back to the Council if the amounts would go over either of the amounts to the vendors. MOTION: A motion was made by Council Member Gardner to set up a blanket order with Northern Power in the amount of $350,000 and with Codale Electric in the amount of $100,000. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. RESOLUTION: Consider approval to relinquish a power line easement located along a portion of the Red Cliffs Mall. Charles Tapia, representing Red Cliffs Mall, stated that they are in the process of selling that portion of the property to another retailer. Mr. Tapia explained that currently there is a vacant easement that runs under the building and in order to complete the sale of the building the easement needed to be abandoned and relocated. St. George City Council Minutes April 20, 2006 Page Three Mayor McArthur clarified that the easement is not needed and that there is currently nothing in the easement. Council Member Gardner asked City Manager Esplin if the staff had any issue with the request. City Manager Esplin stated that they did not have any problems with the request. MOTION: A motion was made by Council Member Whatcott to approve the resolution relinquishing the power line easement located along a portion of the Red Cliffs Mall. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Bunker - aye Council Member Allen - aye Council Member Gardner - aye The vote was unanimous and the motion carried. BEER LICENSE: Consider approval of a beer license for the Sunset West Bowling Center. Hiram A. Smith, applicant. City Manager Gary Esplin explained that this request had been tabled from the last Council meeting. He said that since the last meeting Captain Lorin Johnson, the applicant and Laura Woolsey, Business License Specialist, have met and addressed the previous issues. City Manager Esplin recommended approval of the beer license application. MOTION: A motion was made by Council Member Bunker to approve the request for a beer license for the Sunset West Bowling Center. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of an agreement to upsize sewer and water lines in 2070 South near Tonaquint. City Manager Gary Esplin explained that the developer is required to put in an 8" sewer line but the City would like to upgrade to 12" lines and pay the additional cost under the City?s current policy of using impact fees to plan for future growth in that particular area. MOTION: A motion was made by Council Member Gardner to approve the agreement. SECOND: The motion was seconded by Council Member Allen. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. AGREEMENT: Consider approval of a construction engineering agreement with Alpha Engineering for the 100 West storm drain project. City Manager Gary Esplin explained that the 100 East storm drain project was bid out but only one bid was received which was way over the estimate so staff is redesigning and rebidding. The City still needs a contract with Alpha to do the construction engineering services, staking, inspections, etc. MOTION: A motion was made by Council Member Orton to approve the agreement. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 11, 2006, recommended approval of the following five final plats: Paragon Cove Townhomes Phase 5, located off of Cliff Point Drive, south of 1450 South Street. Mr. Gail Maxwell is the representative. Stone Cliff Phase 10 located at the southwesterly portion of the development off of 1450 South street, east of River Road. Mr. Gail Maxwell is the representative. The Cliffs of Snow Canyon Plat H located east of Snow Canyon Parkway at approximately 3052 North. Mr. Ryan Cowley is the representative. St. George City Council Minutes April 20, 2006 Page Four Franklin Place Phase 1 located at 2450 South and Little Valley Road. Quality Development is the applicant. Sun River St. George Phase 18 located off of Arch Angel Drive, south of the Sun River Parkway. Mr. Darcy Stewart is the applicant. MOTION: A motion was made by Council Member Orton to approve all five final plats. SECOND: The motioned was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held April 11, 2006, recommended approval, with conditions, of a request to split one lot into two parcels located at approximately 250 East and 825 South (Dixie High School property). Mr. Dennis Patten is the representative. Mr. Bradley explained that the lot split would improve pedestrian traffic at the Dixie High School campus. He explained that the Planning Commission?s approved the lot split 5-0 with the standard conditions of recording a lot split with the respective easements and deeds and also a reciprocal access agreement from the school property to the new parcel and all access issues to be resolved with the City Traffic Engineer. MOTION: A motion was made by Council Member Allen to approve the lot split with conditions recommended by the Planning Commission. SECOND: The motion was seconded by Council Member Gardner. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. SITE PLAN & BUILDING ELEVATION: Associate Planner Mark Bradley explained that the site plan & building elevation is for the Blackridge Office Building #2 located within the Blackridge Planned Development Commercial zone at 250 West and Black Ridge Drive. Mr. Steve Brown is the applicant. Mr. Bradley stated that this is an amended portion of the planned development. He said that originally it was going to be a theater and then a three-story office building. Mr. Bradley said that this went before the Planning Commission to determine whether this proposed request would be considered a significant change to the planned development. The Planning Commission recommends approval with the suggested conditions:(1) the applicant must resolve the parking discrepancy during the plan check process (SPR application), (2) platting of the lots is required, (3) rooftop mechanical units (HVAC) shall not exceed the parapet wall height, (4) the east elevation (the side facing Bluff Street) shall have additional varied architectural relief added to the center of the building to break up the long uninteresting expanse, the applicant may vary the wall plane with a facade or by offsetting the floor plan, and (5) the building shall be twenty feet (20') lower in elevation than the existing building. Council Member Bunker asked what the difference was in the new revised addition. Mr. Mark Wilson, architect with MRW Design, explained that they were using different materials with color and texture of different stucco material and that it also pops out two feet (2'). MOTION: A motion was made by Council Member Gardner to approve the request with the conditions made by the Planning Commission. SECOND: The motion was seconded by Council Member Whatcott. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for a new LDS seminary building located at approximately 250 East and 825 South, south of Dixie High School. Dennis Patten, agent for the LDS Church, applicant. Bob Nicholson, Director of Community Development, advised that the applicant proposes to construct a 9,210 square foot, single story church seminary building for students to attend classes and for related administration. He explained that the building would be accessed by a drive lane that comes off 400 East. Mr. Nicholson said that the site plan shows an area set aside for a potential future road that could be put through to 900 South if it is determined to be necessary. The Planning Commission recommends approval with the following conditions: (1) provide a cross access agreement between the School District and the LDS Church, (2) provide fourteen parking spaces, (3) process a lot split application and meet conditions, (4) submit a SPR application, and (5) comply with the City Traffic Engineer requirements for access and circulation. City Manager Gary Esplin suggested making a condition with the School District that they would agree to leave an area open for a possible connection to 900 South. St. George City Council Minutes April 20, 2006 Page Five MOTION: A motion was made by Council Member Gardner to approve the Conditional Use Permit with the conditions made by the Planning Commission and that if future needs require it, the LDS Church will provide the ability to connect with a future possible road that would go to 900 South. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct an LDS church stake center at approximately 2400 East and 3400 South, west of Little Valley Road. Dennis Patten, agent for the LDS Church, applicant. Bob Nicholson, Director of Community Development, explained that the applicant proposes to construct a 24,459 square foot, single story church building with an associated outdoor pavilion. He said that the Planning Commission has recommended approval with the following conditions: (1) submit a SPR, (2) comply with City Traffic Engineer requirements for access and circulation, (3) coordinate with affected utilities to provide appropriate infrastructure; sewer, water, electrical, gas, etc., to the site, (4) coordinate with the Development Services Department to ensure that roads comply with the master road plan and coordinate utilities with the road construction, (5) mitigate the canal that bisects the property to the satisfaction of the Development Services Department, and (6) comply with the City?s concurrency policy for offsite roadway and sewer improvements. Council Member Allen asked if the canal was going to part of a trail system. Mayor McArthur said that the canal on this property was not part of the Washington Canal and would not be included in the trail system. MOTION: A motion was made by Council Member Gardner to approve the Conditional Use Permit with the conditions as stated. SECOND: The motion was seconded by Council Member Bunker. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct an indoor go-cart track, snack bar, conference rooms, and possible indoor climbing wall within an existing building in the Millcreek Industrial Park located at 3146 East Deseret Drive. David Robinson, applicant. City Manager Gary Esplin explained that at the March 16, 2006 City Council meeting, the City Council approved amending Title 10 Zoning Regulations, Chapter 11 ?Manufacturing Zones,? Section 10-11-2 ?Uses?, to add ?Recreational Enterprises? as a conditional use within the M-2 zone. Bob Nicholson, Director of Community Development, stated that the applicant proposes to establish and operate an indoor go-cart track, restaurant, and three conference rooms inside of a leased industrial building. The applicants also wish to be considered for a possible future indoor climbing rock wall. He said that the Planning Commission recommended approval with the following conditions: (1) the site be approved only for two indoor go-cart tracks, associated ancillary restaurant (snack shop) and conference rooms, (2) a future indoor rock climbing wall may be permitted by staff, (3) 75 parking spaces have been determined to satisfy the parking requirements based upon submitted parking calculations, (4) the applicant shall obtain a city business license, (5) existing outside lighting shall comply with dark sky lighting design, (6) additional outside lighting shall be added to the front of the building and shall also comply with dark sky lighting design, and (7) signage shall be under a separate permit. Mayor McArthur asked about the hours of operation. The applicant said that the hours of operation would be 11:00 a.m. to 10:00 p.m. Monday through Thursday, Friday and Saturday hours would be 11:00 a.m. to midnight and they would be closed Sunday. Council Member Bunker asked about the exhaust system. The applicant said that they have upgraded to six fans which will turn over the air in the building every 10 minutes instead of every 30 minutes. Four of the fans are on an automatic sensor and two of the fans will be manual so they can be turned on and left on. MOTION: A motion was made by Council Member Whatcott to approve the Conditional Use Permit with the stated conditions. SECOND: The motion was seconded by Council Member Orton. VOTE: Mayor McArthur called for a vote, and all voted aye. The motion carried. St. George City Council Minutes April 20, 2006 Page Six CONDITIONAL USE PERMIT: Consider approval of a conditional use permit to construct a new Children?s Justice Center at approximately 450 East and 500 South. Patricia Sheffield, applicant. Bob Nicholson, Director of Community Development, explained that the Planning Commission first determined that a ?Children?s Justice Center?, a private/public partnership is similar to ?Public Buildings? as listed as a conditional use in residential zones. Mr. Nicholson stated that the Planning Commission than had a lengthy discussion on the merits of the application and the conditional use. Mr. Nicholson said that one of the complaints the neighbors had at the Planning Commission meeting was the parking. The CJC has weekly and monthly meetings and in the existing facility there is not enough off-street parking so there has been parking on the street. The new proposal has 18-20 parking spaces behind the proposed building. The building is a large two story house with a driveway on the left side, typical front yard, playground area and parking lot. Council Member Allen asked if the existing Justice Center will be removed or left there. Mr. Nicholson said that he thought the current facility would be razed but stated that the applicant would be able to address that question. Mr. Nicholson said that the Planning Commission recommended approval with conditions that would include but not be limited to the following: (1) determination that the use is similar to a public building, (2) redesign the driveway to avoid close proximity to an existing power pole, (3) 20 parking spaces are adequate for this application, (4) an...


City Council Minutes 06/12/2014:
...Jason Burningham with Lewis Young Robertson & Burningham, Inc, presented a powerpoint presentation which covered the following topics: 2014 Impact Fees; Introduction to Impact Fees; Scope of Work; Impact Fee Process to Date; Recent Revisions; Culinary Water Impact Fee; Sanitary Sewer Impact Fee; Storm Drain Impact Fee; Transportation Impact Fee; Fire Impact Fee; Police Impact Fee; Parks, Recreation & Open Space Impact Fee; Energy Impact Fee; Summary (Residential Dwelling); Summary; and Next Steps. Mayor Pro Tem Almquist asked Mr. Burningham to explain why some cities do not have impact fees. Mr. Burningham stated that cities do not have certain impact fees since the fees are absorbed within another fee. Additionally, some cities have chosen to not charge impact fees rather they add the fees into user rates. He explained that impact fees for St. George were revised last in 2006. Although there is not a legal requirement to review them in a certain time frame, impact fees that are collected have to be used within 6 years. City Manager Gary Esplin advised that in 2006 impact fees were based upon projects that were going to be done at that time. Mr. Burningham stated that the Impact Fee Act defines system improvements as regional, beneficial improvements that are beyond one subdivision. These improvements are major improvements. Project improvements are defined as lateral improvements such as curb, gutter and sidewalk improvements. Mari Smith, Executive Director of SUHBA, thanked the Mayor and Council for involving them in the process. She inquired if the only fees that were changed from the first draft are the water and power fees. St. George City Council Minutes June 12, 2014 Page Two Mr. Burningham replied yes, those were the only fees that were changed. Larry Gardner stated that he is concerned with developments in the Ledges area that pay impact fees. He feels that if they pay impact fees, they should have some of the system improvements in that area. He mentioned that on page 14 of the Municipal Power Impact Fee Analysis, the Ledges development was singled out. They are looking for fairness, not only in the application, but also how it is administered. Additionally, he wondered if capital facilities can be put into that fee. Mr. Burningham stated that there can be a debate as to whether or not they are included in the overall fee. It is an issue of system improvement versus project improvement. He does not know if the consultants knew enough about the system to determine what constitutes a system improvement or project improvement. It does seem to him that the language was included to demonstrate that for this study, it was treated as a project improvement. City Manager Gary Esplin stated that there has been this debate for a number of years. Staff’s position is that the developer is required to bring the power to their development. To date, the developer has not paid anything toward getting power to the development. Per City ordinance, the developer is required to go to the nearest point of where the source of power or water is and bring it to their site. He is not opposed to allowing language to not preclude impact fees from being charged in that area. Staff is working with Rocky Mountain Power to determine how to serve power to other areas in the City, including this area. Mr. Burningham read the bullet point in which the Ledges was mentioned. City Manager Gary Esplin stated that the language can be changed to identify the area, not the Ledges development specifically. Stacy Young mentioned the other element goes back to the exactions law that is caused by the Impact Fee Act. The exaction has to be roughly proportionate to the impact of the development. Some areas will have impact fees, under this fee system, of approximately $15 million over its buildout. City Attorney Shawn Guzman stated that there has been that same discussion with other developers. Sometimes there is a minimum that has to be paid. If there is a need for one specific development, they will have to bring the power in. It does not necessarily mean it is a system improvement. City Manager Gary Esplin recommended to make the proposed revisions and go forward with a public hearing. Ms. Smith inquired if the updated fees will go into effect immediately. City Attorney Shawn Guzman replied that there may be a legal issue with regards to the fees that will be increasing. St. George City Council Minutes June 12, 2014 Page Three DISCUSSION ON THE PROPOSED RED SANDSTONE QUARRY TRAIL AND MONUMENT: Wayne Pace with the Sons of the Utah Pioneers stated the quarry is located just east of the Red Hills Golf Course. There are some issues that include the fact that the east side was the site of a major Civilian Conservation Corps (CCC) camp. The CCC would like to have a monument in that location. There is an agreement with the Sunstone HOA to install that monument on their property. It would be nice for the community to have both monuments together. Additional issues include the tortoise reserve and the path being installed along their fence as well as keeping people from being hit by players while on the path. William Sylvester mentioned that this is the quarry from which stone was brought for many major buildings in the City. Mr. Pace presented pictures of the area and proposed monument and trail. The idea is to create a pleasant park atmosphere including plaques that explain the area. There are two parts of the quarry, one is near the third green. The entrance would be near the maintenance area. City Manager Gary Esplin stated that staff is concerned with the path being in the direct line from the back tees. Staff is not opposed to the trail if it is further back. The other issue is bringing cars into the area. There would need to be a secure fence to keep vehicles out. Mr. Pace stated that he would like to meet with staff to coordinate this. Mayor Pro Tem Almquist commented that the best thing is to look at the number of golfers who hit through that corner. He would like to see if an alternate route can be found. Mr. Sylvester stated that there is one other place to put a trail. PRESENTATION AND UPDATE FROM MATT LOO AND CAROL HOLLOWELL ON THE RESOURCE CENTER: Development Services Director Matt Loo presented a powerpoint presentation covering the following topics: Existing Color Scheme; Resource Center Organization Chart and St. George Resource Center Floor Plan. Carol Hollowell, Executive Director, explained that when a client is in need of a service, they will come in the main intake. At that point, they will be given a menu card detailing the services they will need. The client will have a buzzer to let them know when it is their turn rather than calling out their name for privacy. She continued with the powerpoint covering the following topics: Friends fo the Volunteer Center (...


City Council Minutes 11/13/2014:
...ate, and local should with local. He believes the states should have more power than they do today. The state government is where more of the power lies. Councilmember Bowcutt stated that he believes that local government is where the important decisions have to be made daily to protect the rights of the citizens and property owners. Councilmember Randall commented that local governments want to make sure they protect the citizens through public safety and infrastructure. This is where we live and want to make sure we all can come together and live cohesively. Councilmember Arial presented Dylan with gift from U.S. Senator Lee, requested by Bill Way, including a flag that was flown over the Capitol Building. St. George City Council Minutes November 13, 2014 Page Two PRESENTATION FROM VICTIM SERVICES: Victim Services Coordinator Alissa Urzi explained that they serve crime victims and that not all crime victims need, nor want their help. They offer information, support and options. In 2013, their office served 818 victims of domestic violence. The CDC re was not always an arrest in these cases. She provided statistics on domestic violence in Utah. Also in 2013, the advocates read 7,200 police reports to identify possible victims and assisted 271 clients with orders of protection. Not only do they help the victim deal with the crime, they also assist them with the court process. The crimes they focus on are child physical abuse, child sexual abuse, domestic violence, adult sexual assault, DUI, texting and driving, adult abuse, robberies, and electronic harassment. They also work with survivors of homicide victims. Police Chief Stratton commented that the focus given to the victims makes a difference. The service provided is invaluable. FINAL PLAT: Consider approval of the final plat for the Tuscan Heights Subdivision. City Manager Gary Esplin advised this item was approved by the Planning Commission; however, there was an issue with getting sign-off’s on the plat. Assistant Public Works Director Wes Jenkins presented the final plat for the Tuscan Heights, a 21-lot residential subdivision located at the west end of Province Way. The approval will need to be subject to the developer providing annexations documents to the HOA and an updated title report. The issue with the road was that it was on someone else’s property. MOTION: A motion was made by Councilmember Hughes approve the final plat for the Tuscan Heights Subdivision with the condition that it is annexed into the HOA and that the title report is updated to show the ownership of the access. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist - aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. PROFESSIONAL SERVICES AGREEMENT: Consider approval of a professional services agreement with Automation N Controls for the SCADA replacement project at the Wastewater Treatment Plant. Water Services Director Scott Taylor explained that the Wastewater Treatment is fairly old. The SCADA system is what runs the treatment plant automatically. The system was installed in 1986 and updated in 1991. Staff is in the process of updating the equipment. Currently, the plant is running manually, there is no automation. St. George City Council Minutes November 13, 2014 Page Three Automation N Controls specializes in old equipment. The agreement will not exceed $48,000. Once completed, this project helps with efficiency. The current budget includes $250,000 for the total project. MOTION: A motion was made by Councilmember Almquist to approve the expenditure of $48,000 to the professional services agreement with Automation N Controls for the SCADA replacement project for the Wastewater Treatment Plant. SECOND: The motion was seconded by Councilmember Randall. VOTE: Mayor Pike called for a vote, as follows: Councilmember Almquist - aye Councilmember Hughes - aye Councilmember Randall - aye Councilmember Bowcutt - aye Councilmember Arial - aye The vote was unanimous and the motion carried. Mr. Taylor updated the Mayor and Councilmembers on the centrifuge replacement project. He explained that the plant, located in Bloomington, operates seven days a week. PRESENTATION FROM ENERGY SERVICES ON THE DESERET POWER CONTRACT: Energy Services Director Phil Solomon advised the contract is in draft form. It may not be what is presented to the Council at the next meeting. Energy Resource Manager James Van Fleet presented a PowerPoint presentation covering the following topics: Deseret Power Contract Renegotiation; Intermountain Power Project (IPP), Current Contract, Renegotiation; Bonanza Coal Plan (Vernal), Current, Renegotiation; and Contract Cost Comparison. City Manager Gary Esplin stated that the City has never chased a profit. The City’s power rates are cheaper than most and the goal has been to keep it within the margin of where it is now. Mr. Solomon explained that the City needs to be fully compliant with the Clean Power Act by 2030. Mr. Van Fleet advised that he will have Deseret Power prepare the contract and will have it reviewed by the Legal Departmen...


City Council Minutes 10/17/2002:
...n, recommended purchase of UCSO switches from the sole source vendor, USCO Power, in the amount of $26,704. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the sole source purchase to USCO Power in the amount of $26,704. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. Purchasing Agent Sue Swensen recommended purchase of three voltage regulators from the sole source vendor, Cooper Power, in the amount of $41,946. A motion was made by Council Member Whatcott and seconded by Council Member Orton to award the sole source purchase to Cooper Power in the amount of $41,946. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of bid for a blanket purchase order for asphalt repairs and patching. Purchasing Agent Sue Swensen presented the bids received: Progressive Contracting $75,250 Coughlin Company $78,250 Western Rock Products $78,500 Holbrook Asphalt $91,500 St. George City Council Minutes October 17, 2002 Page Two She recommended award of the bid to the three low bidders, and stated that staff would be advised to use the lowest of the three bids first, then second and third low bid when the first low bid was not available. The bid amounts are per cubic foot. A motion was made by Council Member Allen and seconded by Council Member Orton to award the bid to the three low bidders, Progressive Contracting, Coughlin Company, and Western Rock Products. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider award of contract for the water tank coatings. Purchasing Agent Sue Swensen presented two bids received: Robison-Prezioso $503,870 State Painting $331,263 She recommended award of the bid to the low bidder, State Painting, in the amount of $331,263. She also recommended that the performance bond be waived due to past experience with the company. This will lower the bid by an additional 5%. Three tanks will be painted. A motion was made by Council Member Orton and seconded by Council Member Whatcott to award the bid to State Painting in the amount of $331,163, less 5% due to waiver of the performance bond. AWARD OF BID: Consider award of contract for the SWAT vehicle box van/interior for the Police Department. Purchasing Agent Sue Swensen advised that staff contacted three vendors for proposals to design a SWAT van. Emergency Management Equipment in Salt Lake City has the federal contract and was substantially less than the other proposals when transportation of the cab and chassis to the location was taken into account. She recommended award of the bid to Emergency Management Equipment in the amount of $49,249.67. Lt. Russ Riggs advised that this custom built SWAT van will essentially fulfill the needs of the Police Department and will be purchased through a federal grant awarded to Washington County. A motion to award the bid to Emergency Management Equipment in the amount of $49,249.67 was made by Council Member Whatcott and seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. EMERGENCY PURCHASE ORDER: Consider approval of an emergency purchase order to repair one of the diesel plant engines. Purchasing Agent Sue Swensen advised this was an emergency purchase to repair one of the diesel engines. The vendor was Cooper Energy Services in the amount of $36,057.72 City Manager Gary Esplin advised that the under the City's Purchasing Ordinance, the City Manager has the right to authorize an emergency purchase with ratification by the City Council. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the emergency purchase. Mayor McArthur called for a vote, as follows: St. George City Council Minutes October 17, 2002 Page Three Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. AWARD OF BID: Consider approval of a proposal to provide wireless phone service for the City. Purchasing Agent Sue Swensen advised that proposals were sent out and received from six wireless phone providers. A committee consisting of employees from several departments was formed to evaluate the bids. It was recommended by all that the City remain with its current provider, Nextel Communications. The City's phone bills for the last three years average $83,000 a year. A motion was made by Council Member Allen and seconded by Council Member Orton to award the bid to Nextel Communications. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. Ms. Swensen recommended the contract be set up on a year-to-year basis for review, with the option of renewing it for a three year period. Council Member Allen amended her motion to include this provision, and it was seconded by Council Member Orton. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. INTRODUCTION OF SCOUTS: Mayor McArthur invited several Scouts from Troop 646 to introduce themselves. RESOLUTION: Consider approval of the final Special Improvement District Bond Resolution 99-4. City Manager Gary Esplin explained this resolution was necessary in order to finalize special improvement district 99-4. However, because a suit has been filed by one of the property owners in the district, the amount of the bond has to be reduced pending outcome of the suit. He recommended a final bond amount of $1,109,489.77. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the final bond resolution for SID 99-4 in the amount of $1,109,489.77. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning the existing public utilities and drainage easements associated with the Parkside Phase 2 Subdivision, Lots 25 and 26. City Manager Gary Esplin explained this resolution is necessary in order to make lot line adjustments to increase the size of one of the lots. The applicant will provide the City with required easements, and staff recommends approval. A motion was made by Council Member Whatcott and seconded by Council Member Allen to approve the resolution. Mayor McArthur called for a roll call vote, as follows: St. George City Council Minutes October 17, 2002 Page Four Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution abandoning the existing public utilities and drainage easements associated with the Boulders Phase 1 Subdivision, Lots 12, 13 and 14. City Manager Gary Esplin explained this resolution was necessary to allow Lot 13 to be eliminated and allow the remaining acreage to be readjusted. The applicant will provide the City with the necessary easements. A motion was made by Council Member Orton and seconded by Council Member Whatcott to approve the resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Orton - aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. RESOLUTION: Consider approval of a resolution authorizing acquisition of the Tolman water system. City Manager Gary Esplin explained that this resolution will authorize acquisition of the Tolman water system which includes two wells, a tank, pipe, easements and 359.91 acre feet of water rights. The City is working with the BLM on approval to drill another well in the area. The purchase price is $1,550,000. Mayor McArthur commented that the City will also move additional water rights into this area. City Manager Gary Esplin explained the City is working with the Winchester Hills Water Company to resolve their protest, and the intent is to get the system on line as soon as possible. Ledges Land, LC is the seller. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the resolution. Mayor McArthur called for a roll call vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. WATER EXCHANGE AGREEMENT: Consider approval of a water exchange agreement between the City of St. George and Ledges Land, LC. City Manager Gary Esplin commented that staff has minor concerns with the agreement and requested that any Council approval be made subject to final legal review by the City Attorney. Rick Hafen explained that Ledges Land, LC has acquired various water rights over the past few years as they are planning a project in the northwestern part of the City near Winchester Hills. All the water rights are underground with the exception of one. Many of the rights can be used for culinary purposes, but the Ledges does not contemplate the need for culinary water rights for their project. They do, however, have a need for irrigation water. They are willing to exchange these rights for reuse water. Staff determined that the water rights for culinary use should be exchanged for reuse water at a ratio of greater than one, i.e. two acre feet of reuse water for one acre foot of culinary water. The Ledges will exchange 1,084.12 acre feet of water. The surface rights can be moved into Quail Creek and treated at a ratio of one and one-half to one. Ledges Land, LC will be receiving 1,335 acre feet of water. St. George City Council Minutes October 17, 2002 Page Five City Manager Gary Esplin clarified that the water rights being exchanged on a two for one ratio are 231 acre feet of underground water rights, which is anticipated to be transferred to the Tolman wells. 312.21 acre feet of surface rights will be stored in the Quail Creek or Sand Hollow reservoirs. The other two water rights add up to 541 acre feet and are located south of the Virgin River and can be used for projects in the Little Valley area and for the new airport. The purpose of the agreement is to transfer title to the rights so the City has legal authority to move the water to the Tolman wells. Rick Hafen advised the original date for completion of the project which includes supplying reuse water has been moved to 2007. City Manager Gary Esplin commented this will give the City a better chance to get the reuse water on line. Rick Hafen advised that until the time reuse water becomes available, Ledges Land retains the right to use up to 650 acre feet of water for a golf course. In the event the reuse water is not on line when the Ledges develops, they will cooperate to provide the 650 acre feet out of a well that is not being used or a well that has excess capacity. He advised that the City has agreed to cooperate in obtaining easements across Entrada to provide reuse water to the Ledges, and the cost of the reuse water to the Ledges will only be the cost to pump the water to the Ledges' point of delivery. There will be no other costs for the delivery of the water. The Ledges will also retain the right to sell, transfer or exchange any reuse water it acquires under this agreement. Council Member Orton inquired if the agreement was recommended by the Water and Power Department. City Manager Gary Esplin replied that it was, with the recommended changes. Acting Water and Power Director Phil Solomon advised that funds for the acquisition are in the capital projects budget. A motion was made by Council Member Whatcott and seconded by Council Member Orton to approve the agreement subject to legal review. Mayor McArthur called for a vote, as follows: Council Member Whatcott - aye Council Member Orton - aye Council Member Allen - aye The vote was unanimous and the motion carried. WATER LEASE AGREEMENT: Consider approval of a water lease agreement between the City of St. George and Ledges Land, LC. City Manager Gary Esplin explained the agreement allows the City to lease water rights from Ledges Land, LC so that the City can make application to change the water rights into its name. The lease will expire at the end of one year. Rick Hafen advised that the lease will allow the change applications to take place within a week to ten days and will allow the City to move forward, as the purchase and exchange may not be completed for 30-60 days. A motion to approve the water lease agreement was made by Council Member Allen and seconded by Council Member Whatcott. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Whatcott - aye Council Member Orton - aye The vote was unanimous and the motion carried. INTRODUCTION OF SCOUTS: Mayor McArthur invited Scouts from Troop 548 to introduce themselves. SET PUBLIC HEARING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 8, 2002, recommended that a public hearing be scheduled for November 7, 2002 at 5:00 p.m. to consider approval of an amended PD Commercial zone for 3D St. George City Council Minutes October 17, 2002 Page Six Commercial located north of the Flying J Station on the northeast corner of the Brigham Road/I-15 Interchange to adjust the property boundary to include additional land to the east and exclude hillside land to the north. Doug Hunt is the applicant. A motion was made by Council Member Orton and seconded by Council Member Whatcott to set the public hearing as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Orton -aye Council Member Whatcott - aye Council Member Allen - aye The vote was unanimous and the motion carried. PRELIMINARY PLAT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 8, 2002, recommended approval of the preliminary plat for Tonaquint Office Campus Phase I. There are three proposed building pads on the site. Building A and B are two story buildings and Building C is three stories (35' in height). There will be underground parking under each building. The City trail will run along the north end of the phase and 1600 South Street may have a landscape planter median between the two lanes. Details of the street cross-section are to be worked out and the roundabout will not be included. The asphalt width of the driveway off of 1600 South Street running north is required to be 25'. The applicants are also requesting a landscape transfer along 1600 South Street where uncovered parking encroaches into the 25' landscape setback area. This request can be made as along as any reduction in one area shall be made up by additional landscaping in another area adjacent to the road right-of-way. Gail Maxwell is the agent. Council Member Gardner arrived. A motion was made by Council Member Allen and seconded by Council Member Orton to approve the preliminary plat as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye Council Member Gardner - abstained The motion carried. FINAL PLATS: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 8, 2002, recommended approval of the following final plats: Crescent Point at Sunbrook, Bedrock Townhomes Phase 2, West Terrace Subdivision, Sage Hollow Subdivision in Little Valley, and Ventana Professional Park Phase I. A motion was made by Council Member Orton and seconded by Council Member Allen to approve the final plats as recommended by the Planning Commission and authorize the Mayor to sign them. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. EXPAND NON-CONFORMING BUILDING: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 8, 2002, recommended approval to expand a non-conforming building at 245 South 300 West. The requested addition is for 630 sq. ft. to extend from the south rear corner of the dwelling. The home was built in 1957 and the south property line has not been adjusted. Planning staff finds this home to be a legal non-conforming structure. The south property adjacent to this lot has a driveway on the north side of the home, and it does not appear the request for the single story addition would impose any unreasonable burden on the adjacent property. A notice was sent to the adjacent property owner and the City did not receive any feedback. Larry Rutherford is the agent. St. George City Council Minutes October 17, 2002 Page Seven A motion was made by Council Member Gardner and seconded by Council Member Whatcott to approve the request as recommended by the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Whatcott - aye Council Member Allen - aye Council Member Orton - aye The vote was unanimous and the motion carried. LOT SPLIT: Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 8, 2002, recommended approval of a lot split for land zoned A-1 at 2170 South and 3317 East off of 3430 East Street with the stipulation that a deed restriction be placed on the newly created lot with the bird barn that a building permit will not be issued until the property can be hooked to the City sewer system, or approved by the City Council. The agent working for the bank has been advised by staff about the policy of dividing land in the Little Valley area in accordance with the concurrency policy. Half of the right-of-way on 2170 South for the portion along the proposed new lot with the existing dwelling has been dedicated and improved. Bob Elliott is the agent. Council Member Gardner questioned how this request compared with others which were denied because they were not located in an improved subdivision. City Manager Gary Esplin replied that there is already an existing home on this property, and an additional lot is being created. The new lot cannot be used, however, until it meets concurrency requirements. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the lot split subject to the recommendations of the Planning Commission. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. CONDITIONAL USE PERMIT: Consider approval of a conditional use permit for modifications to the Dixie High School campus. Associate Planner Mark Bradley advised that the Planning Commission, at its meeting held October 8, 2002, recommended approval of a conditional use permit for changes to be made to the Dixie High School campus at 400 East 700 South. The current main building with classrooms will be renovated. The classrooms will be located in the new main building south of the new performing arts building. The proposed height of the new main building will be up to 46' which is part of the conditional use permit request. Parking requirements for one for every faculty member and one for every six students, for a total required of 220. The site plan shows 574 parking spaces. Washington County School District is the applicant. A motion was made by Council Member Gardner and seconded by Council Member Allen to approve the conditional use permit as requested. Council Member Whatcott commented it seemed that generally the City's parking requirements were insufficient, and inquired if staff were re-evaluating them. Mr. Bradley replied that staff was in the process of looking at the parking requirement for high schools. Council Member Whatcott suggested that overall parking requirements for all uses be studied, as well as the issue of C-3 vs. C-2 zoning. Mayor McArthur called for a vote, as follows: Council Member Gardner - aye Council Member Allen - aye St. George City Council Minutes October 17, 2002 Page Eight Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. ADJOURN TO EXECUTIVE SESSION: A motion to adjourn to an executive session to discuss personnel issues was made by Council Member Orton and seconded by Council Member Allen. Mayor McArthur called for a vote, as follows: Council Member Orton - aye Council Member Allen - aye Council Member Whatcott - aye Council Member Gardner - aye The vote was unanimous and the motion carried. RECONVENE: A motion to reconvene was made by Council Member Allen and seconded by Council Member Gardner. Mayor McArthur called for a vote, as follows: Council Member Allen - aye Council Member Gardner - aye Council Member Orton - aye Council Member Whatcott - aye The vote was unanimous and the motion carried. INTRODUCTION OF SCOUT: Mayor McArthur invited Life Scout Cory Black to introduce himself. COLOR COUNTRY MODEL RAILROAD SHOW: An unidentified man from the audience announced that the Color Country Model Railroad Show would be held Saturday, October 19 from 10:00 a.m. to 4:00 p.m. at the Social Hall. ENGINEERING SERVICES AGREEMENT: Consider approval of an engineering services agreement for design and construction engineering between the City of St. George and Alpha Engineering for the proposed reuse pipeline. Acting Water and Power Director Phil Solomon advised that the City is moving ahead with the reuse project with hopes of receiving funds from the federal government. This contract is for design services and also includes construction management services. He recommended funding only that portion which comes out of the Water and Power Department budget - $542,820. A motion was made by Council Me...


City Council Minutes 04/21/2011:
... who have a lifetime of excellence in the arts. Ferron Holt presented a power point presentation honoring Dr. Norman Fawson as a renowned physician and talented musician. Mayor McArthur then presented him with an award of excellence. Museum Curator Debra Reeder presented a power point presentation honoring Mary Sandberg Williams as an Art Historian and volunteer. Mayor McArthur then presented her with an award of excellence. Leisure Services Director Kent Perkins said the upcoming 32rd St. George Arts Festival will be held on April 22 and 23. He stated there are 113 artists this year and encouraged everyone to attend. City Forester Doug Wulfenstein announced the City had received from the Arbor Day Foundation the Tree City USA Award for the 19th year in a row and for the 4th year received the Arbor Day Foundation Growth Award. He said the City will be celebrating Arbor Day on April 30th from 7:30 a.m. to 1 p.m. He stated there were 900 trees planted throughout the City this past year. He thanked the Mayor and Council Members for their support. St. George City Council Minutes April 21, 2011 Page Two Mayor McArthur recognized students from the Bloomington Elementary Student Council along with teacher, Mrs. Carter. TABLE ITEMS: Gary Esplin, City Manager, stated Item 2A to consider approval of an agreement with Rosenberg Associates to design the Mathis Bridge/Dixie Drive widening was tabled from the agenda. CONSENT CALENDAR: Consider approval of airport hangar leases with Chandelle Aviation, Jeffrey T. Hamilton, and WY-FI, LLC. City Manager Gary Esplin stated hangar lease with Chandelle Aviation was a standard lease. He recommended approval. MOTION: A motion was made by Councilmember Bunker to approve the airport hangar lease with Chandelle Aviation. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist – aye Councilmember Bunker – aye Councilmember Nickle – aye Councilmember Pike – aye Councilmember Shakespeare – aye The vote was unanimous and the motion carried. City Manager Gary Esplin explained that there were two additional requests for approval of hangar leases which had not been included in the motion. MOTION: A motion was made by Councilmember Bunker to approve the airport hangar lease with Jeffrey T. Hamilton and WY-FI, LLC. SECOND: The motion was seconded by Councilmember Pike. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist – aye Councilmember Bunker – aye Councilmember Nickle – aye Councilmember Pike – aye Councilmember Shakespeare – aye The vote was unanimous and the motion carried. CONSENT CALENDAR: Consider approval of a FBO sublease for Eric’s Leading Edge. Councilmember Shakespeare asked if the sublease had been reviewed by the Legal Department. City Attorney Shawn Guzman stated that it was being reviewed but had not been completed. MOTION: A motion was made by Councilmember Pike to approve the FBO sublease for Eric’s Leading Edge contingent on the review by the Legal Department. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist – aye Councilmember Bunker – aye Councilmember Nickle – aye Councilmember Pike – aye St. George City Council Minutes April 21, 2011 Page Three Councilmember Shakespeare – aye The vote was unanimous and the motion carried. CONSENT CALENDAR: Consider approval of an Amendment to the Direct Jet Center FBO lease. Mr. Joby Venuti presented a drawing of the amended lease area. MOTION: A motion was made by Councilmember Pike to approve the Amendment to the Direct Jet Center FBO lease. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Almquist – aye Councilmember Bunker – aye Councilmember Nickle – aye Councilmember Pike – aye Councilmember Shakespeare – aye The vote was unanimous and the motion carried. PUBLIC HEARINGS/ZONE CHANGE/ORDINANCE: Public hearing to consider approval of a zone change on 25.59 acres from R-1-10 with a development agreement to RE-20 on 13.16 acres and RE-37.5 on 12.43 acres located south of the Rancho Verde Estates Subdivision at approximately 3800 South Little Valley Road. Curt Gordon, applicant. City Planner Craig Harvey stated this request is to rezone an R-1-10 to RE-37.5 and RE-20.0. He said the property is located south of and adjacent to the rancho Verde Estates subdivision on the south end of Little Valley Road. Mr. Harvey explained under the General Plan it is Low Density Residential and the proposal is for an overall density of 1.67 dwelling units per acre. The Planning Commission recommended approval. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Almquist to approve the zone change request. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Nickle – aye Councilmember Shakespeare – aye Councilmember Bunker – aye Councilmember Almquist – aye Councilmember Pike – aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMENDMENT/ORDINANCE: Public hearing to consider an amendment to Title 10, Chapter 18, Section 5F, St. George City Code, to add alternative fencing and access options for double frontage lots in a subdivision subject to certain conditions. City Planner Craig Harvey stated the request was to amend the St. George City Code, Title 10 Zoning Regulations, chapter 18 Wall, Fences and Hedges, Section 5F “Surrounding Developments” to add an alternative fencing and access option for double frontage lots in subdivisions. He explained the request will also amend Title 11 Subdivision Regulations, Chapter 5 Improvements, Section 4C3a “Double Frontage Lots and Access to Lots”. Mr. Harvey said the Planning Commission recommended approval with the following language added to the code: “Where double frontage lots are platted and back onto a public road, an alternative wall type may be permitted on the back frontage if the following conditions apply: 1. The double frontage lot is located in an Agricultural Zone, Residential Estate Zone, or an R-a-10 or greater zone AND; 2. The St. George City Council Minutes April 21, 2011 Page Four double frontage lot has a public trail located on the back frontage of the lot adjacent to the public road; OR 3. The double frontage lot has a minimum ten (10’) foot wide planter strip on the back frontage adjacent to the public road. If the above conditions apply then the property owner or developer shall be allowed the following: 1. A six (6’) foot wall shall be permitted that is no more than 50% open, per lot. 2. The wall shall be constructed only of materials that consist of any combination of masonry block and decorative iron or a similar material. 3. If the back frontage of the lot is adjacent to a public trail, an access gate shall be permitted that is not wider than five (5’) feet and shall be constructed of decorative iron or a similar material. a. The gate may be solid or see-through. b. The gate shall swing to the interior of the lot. c. Motor vehicle access shall not be permitted.” He said under the Subdivision Code 11-5-4 Layout of Lots, Section C Double Frontage Lots and Access to Lots under 3a the sentence will be added “If certain conditions apply as stated in subsection 10-18-5F, an alternative wall type may be used.” Councilmember Bunker asked if there was any consideration for the materials used for the path. Mr. Harvey said that there wasn’t but they could add language requiring a natural surface as item d. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Shakespeare to approve the request to amend the City Zoning Regulations, Title 10, Chapter 18 Walls & Fences, Section 5F to add an alternative fencing and access option for double frontage lots in subdivision, subject to certain conditions as recommended by the Planning Commission and adding language requiring the path to be a natural surface. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Pike – aye Councilmember Almquist – aye Councilmember Bunker – aye Councilmember Shakespeare – aye Councilmember Nickle – aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMENDMENT/ORDINANCE: Public hearing to consider an amendment to Title 10, Chapter 10, Section 2, St. George City Code, to designate as either a permitted or conditional use the following uses: antique stores, consignment stores, used furniture stores, pawnshops, secondhand stores and thrift stores. City Planner Ray Snyder stated this is a City initiated recommendation for a zoning regulation amendment. He said since much of the downtown area was recently re-zoned to C-4 the subject of permitting antique shops, pawnshops, thrift shops, secondhand stores, resale shops, and consignment stores has repeatedly been questioned. He stated in February the Planning Commission held two discussion meetings on the topic after which staff was directed to return with a formal zoning amendment proposal. The requested change is to change the existing category of “pawnshops/secondhand stores” into several more defined categories. He referred to a slide of the existing code and a slide of the proposed code changes. The proposed changes include adding: Antique store; Furniture sales (used); and, Consignment store/pawnshop/secondhand store/thrift shop. An additional proposed change would be to have “Furniture sales and repair” worded to say “Furniture and large appliances sales (new) and repair.” Mr. Snyder explained after much discussion and two withdrawn motions the Planning Commission recommended on a vote of 5:2 that three line items be created out of the existing one. That an antique store be a single line item not permitted in C-1, but permitted in C-2, C-3 & C-4. That a furniture store (used) be a single line item not permitted in C-1, but permitted in C-2 & C-3, and a ‘conditional use’ in C-4. Also create a single line item such that consignment stores, pawnshops, St. George City Council Minutes April 21, 2011 Page Five secondhand stores, and thrift shops would all be permitted uses in the C-2, C-3 and C-4 zone, but would not be permitted in the C-1 zone. Mr. Snyder showed several slides of various properties on the Boulevard, on Main Street, on 100 East, on 100 West, on Sunset and on 700 South. Councilmember Almquist asked if the parking requirements were different for pawnshops. Mr. Snyder stated pawnshops were considered retail and parking requirements were based on the retail status. Councilmember Shakespeare stated she would like to have the council and staff work together and take a deeper look at the issue first. She said she would like to make the uses permitted on a conditional basis but since the State of Utah has changed its criteria on conditional uses she would like to take the time to look at the conditions they would like to add such as distance, aesthetics, and outside displays. She recommended it be tabled and brought to a work meeting so the council could see the various business areas throughout the City and discuss what conditions they would consider as pro or con. Mayor McArthur declared the hearing open. April Goodspeed stated she was the co-owner of Coyote Exchange located on Red Hills Parkway. She said the store was not a consignment store but it did offer both new and secondhand clothing. Ms. Goodspeed said they have had wonderful feedback from other business in the area. She said they are looking at moving to a space in the Boulevard Commons which currently is not permitted for the type of business she has. She stated she would like to see the request approved. There being no further comments, Mayor McArthur closed the hearing. There was general discussion about the request and the impact on the downtown area. City Manager Gary Esplin said he was not opposed to further study. He agreed there will more locations that may be vacant because of the economy. He suggested they look at the core area from I-15 to Bluff Street. He recommended staff continue to look at the issue and bring it back to a council work meeting within 30 days. MOTION: A motion was made by Councilmember Shakespeare to table the request to consider an amendment to Title 10, Chapter 10, Section 2, St. George City Code, to designate as either a permitted or conditional use the following uses: antique stores, consignment stores, used furniture stores, pawnshops, secondhand stores and thrift stores and ask the staff to gather additional information before bringing the issue back to the council at a work meeting within 30 days. SECOND: The motion was seconded by Councilmember Bunker. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Pike – aye Councilmember Almquist – aye Councilmember Bunker – aye Councilmember Shakespeare – aye Councilmember Nickle – aye The vote was unanimous and the motion carried. PUBLIC HEARING/AMENDMENT/ORDINANCE: Public hearing to consider an amendment to Title 10, Chapter 11, Section 2, St. George City Code, to add recycling as a permitted use with standards in the M-1 zone. City Planner Ray Snyder explained recycling of paper, glass, metals, etc. is not presently listed as a use in any zoning district in the City. He said staff and the Planning Commission recommend adding “recycling” in the M-1 zone as a permitted use, but not as a permitted use in the M-2 zone. St. George City Council Minutes April 21, 2011 Page Six Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. MOTION: A motion was made by Councilmember Bunker to approve the amendment to Title 10, Chapter 11, Section 2, St. George City Code, to add recycling as a permitted use with standards in the M-1 zone but not M-2 zone. SECOND: The motion was seconded by Councilmember Almquist. VOTE: Mayor McArthur called for a roll call vote, as follows: Councilmember Nickle – aye Councilmember Shakespeare – aye Councilmember Bunker – aye Councilmember Almquist – aye Councilmember Pike – aye The vote was unanimous and the motion carried. PUBLIC HEARING: Consider approval of the 2011-2012 Community Development Block Grant Annual Action Plan. City Planner David Bates explained there is a thirty (30) day public notice for people to look at the fiscal year 2011-2012 action plan. He stated a major part of the plan is the budget for the CDBG money. Mayor McArthur opened the public hearing. There being no public comment, he closed the public hearing. City Manager Gary Esplin stated the proposed activities to be undertaken next fiscal year by the City to meet Consolidated Plan priorities would include: the acquisition of offices for the DOVE Center in the amount of $75,000; the acquisition of the Family Support Center in the amount of $73,766; Down Payment Assistance Program in the amount of $196,090; removal of handicapped barriers at City Hall in the amount of $8,000 and CDBG Administration in the amount of $88,214. Mr. Esplin explained they reduced the individual loan amount for the Down Payment Assistance Program to $6,000 from $10,000 in order to help a greater number of people. MOTION: A motion was made by Councilmember Almquist to approve the 2011-2012 Community Development Block Grant Annual Action Plan. SECOND: The motion was seconded by Councilmember Nickle. VOTE: Mayor McArthur called for a vote, as follows: Councilmember Nickle – aye Councilmember Shakespeare – aye Councilmember Bunker – aye Councilmember Almquist – aye Councilmember Pike – aye The vote was unanimous and the motion carried. CONSENT CALENDAR: Consider approval of the financial report for March, 2011. City Manager Gary Esplin stated revenues are on target but Golf revenues continue to slump due to flooding issues at Southgate and Sunbrook as well as bad weather this year. MOTION: A motion was made by Councilmember Nickle to approve the financial report for March, 2011. SECOND: The motion was seconded by Councilmember Shakespeare. VOTE: Mayor McArthur called f